• Title/Summary/Keyword: 협약

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A Study about the Legal Nature of Negotiations between NHIS and Pharmaceutical Company (국민건강보험공단과 제약사 간 의약품 관련 협상 행위의 법적 성격에 관한 고찰)

  • DUCKGYU JANG
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.3-28
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    • 2022
  • Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

Analysis of the Terms "Risk" and "Danger" for Appropriate Application of COLREGs and Proposal for Amending Maritime Safety Act of Korea (국제해상충돌예방규칙의 올바른 적용을 위한 '위험'과 '위험성'에 대한 용어 분석 및 해사안전법 개정 제안)

  • Inchul Kim;Hong-Hoon Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.1
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    • pp.44-51
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    • 2023
  • The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) was adopted to prevent ships from colliding with other ships or any object such as the seabed. COLREGs have been codified and refined since the mid-19th century, and have reached the present. Therefore, the terms and sentences used in COLREGs also have distinct academic and legal connotations. However, in the Maritime Safety Act of the Republic of Korea, which translated COLREGs into domestic law, the "risk of collision" and the "danger of collision" was used in the law without distinguishing their meanings. Accordingly, the difference between "risk" and "danger" was analyzed with reference to the definition of risk by an authoritative international organization of the United Nations such as the International Maritime Organization and the International Organization for Standardization as a well-known and authoritative non governmental organization. In addition, the cases codified in COLREGs and translated cases in the Maritime Safety Act were analyzed to highlight the need for amending the Maritime Safety Act. From the perspective of safe navigation, it is expected that the Maritime Safety Act in the future would distinguish between "danger" and "risk" so that the efforts of watch officers to prevent collisions could be further systematized.

A Study on the Characteristics of Rural Convention in Chungcheong Region - Focused on the Rural Spatial Structure Analysis, Setting of Rural Living Area and Use of Amenity Resource(Facility) - (충청지역의 농촌협약 특성에 관한 연구 - 농촌 공간구조 분석과 농촌생활권 설정, 농촌다움(시설)자원 활용을 중심으로 -)

  • Eom, Sung-Jun;Kim, Sang-Bum;An, Phil-Gyun
    • Journal of the Korean Institute of Rural Architecture
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    • v.24 no.4
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    • pp.41-48
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    • 2022
  • The purpose of this study is to present the implications of the rural living area setting and rural spatial structure analysis of the rural spatial strategy plan through case analysis. Following the decentralization of autonomy and the promotion of the transfer of state affairs to local areas, some of the general agricultural and fishing village development projects of the Ministry of Agriculture, Food and Rural Affairs were transferred to local areas. In addition, in 2020, the Ministry of Agriculture, Food and Rural Affairs introduced a rural agreement system for 113 cities and counties. However, since the understanding of the field is still low, this study attempted to present implications through a case analysis of the structure of rural space and the establishment of rural living areas in three local governments in Chungcheong. As a result of the study, in the stage of establishing the living zone, it is necessary to comprehensively review the contents reviewed in the analysis of the current status and conditions. However, the two local governments had insufficient interpretation of the axis by function and the establishment of the base area, or were using the upper plan as it was. Second, the source of the data used in the survey on the distribution status of living SOC facilities is unclear. Since the distribution status of living SOC facilities overlaps with accessibility analysis, OD data analysis, and resident survey results and is used as the basis for setting living areas, the data source should be clearly marked, and verification should be possible. Third, amenity (facility) resources were classified and analyzed according to the conditions and characteristics of local governments. The local government that applied the guidelines as they were was A local government, and the remaining local governments conducted surveys and analysis according to the current status. Forth, since the establishment of the rural living area is the minimum unit supported by government policies through future rural agreements, it is necessary to distinguish them based on quantitative standards in the process of establishing them. Only one case area presented clear grounds and standards, and the rest of the case areas presented standards but are based on non-quantitative standards. In order for rural agreements to be sustainable in the future and benefit local residents, it is necessary to use or establish a government-level institution that can collect and produce objective data. In addition, it is necessary to find ways to specify and standardize the standards for setting the living area and specify them in the guidelines.

A Study on the Performance Analysis of LINC+ Program (LINC+사업 성과 분석에 관한 연구)

  • Seo, Kyung-Hwa;Kim, Chang-Suk;Lee, Ju-Yeong;Han, Jung-Hee;Kim, Hyun-Soo;Han, Young-Jin;Jung, Young-Jin
    • Journal of Convergence for Information Technology
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    • v.12 no.3
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    • pp.186-192
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    • 2022
  • This study investigated 110 contractual industries to identify the effects of curriculum development and educational environment improvement through Ulsan College LINC+ Program on job education and training. As a result of the study, core competency and job competency were 5.73 points each in field practice and educational environment, and job performance was significant with OJT 5.58 points and 5.74 points for educational environment(p<0.05). The relationship between suitability of the curriculum, educational environment, and recruitment performance was significant with 5.73 points for OJT, 5.74 points for field training during the education and training period, and 5.79 points for educational environment, and job reeducation/training expense was significant with 5.73 points for OJT and 5.79 points for educational environment(p<0.05). Also, students who completed the LINC+business curriculum shortened their job period by 1 to 6 months in 86.3% of the respondents, and responded that the education expense for new employees was reduced. Therefore, it was identified that the LINC+ Program of Ulsan College has the effect of shortening the job adaptation period and reducing education expenses for new employees by operating the curriculum reflecting the needs of the industry and improving the same educational environment as the industrial field.

An Analysis of Technology Needs for Environmental Issues in Developing Countries (개도국 환경 분야 기술 수요 분석)

  • Jeong, Seongpil;Sohn, Erica Jungmin;Kim, Junyoung;Hwang, Jiyun;Seok, Dockko;Choi, Young Gyun
    • Journal of Appropriate Technology
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    • v.5 no.2
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    • pp.106-113
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    • 2019
  • In order to respond to the global environmental issues, developed countries have been helped the developing countries as the Official Development Assistance (ODA). It is important to understand technology needs of the developing countries to provide the optimum solutions. In this study, the information of the environmental R&D dealing with appropriate technology were comprehensively collected based on the conducted R&D projects from the ministry of environment in Korea. The technology needs by UNFCCC (United Nations Framework Convention on Climate Change) and Korean government were analyzed named as TNA and CPS according to the target developing countries. In South-East Asia and Africa region, there were technology needs on water, biota, air, solid wastes, infrastructures and resources. And they were related to the issues such as environmental pollution, construction, climate change, biodiversity, energy and water management. The technology needs by UNFCCC and Korean government were also compared. Furthermore, the environmental R&D on appropriate technology should be focused on localization and maintenance to provide sustainable solutions to the developing countries.

A Legal Study on the International Trade of stolen/lost artworks: Focused on Illegal trafficking of cultural property (점유이탈 예술품의 국제거래에 관한 법적 연구 - 문화재를 중심으로 -)

  • Jung, Seungwoo
    • Korean Association of Arts Management
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    • no.51
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    • pp.191-219
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    • 2019
  • Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

Policy Implication on UK's Net Zero 2030 in Water Industry (영국 물산업 분야 탄소중립 방안에 대한 정책적 시사점)

  • Suh, Jin Suhk;Kim, Shang Moon
    • Proceedings of the Korea Water Resources Association Conference
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    • 2021.06a
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    • pp.46-46
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    • 2021
  • 국제사회는 1992년 기후변화협약 체결 이후 지구온도 상승을 2℃이하로 억제하는 등 기후변화 문제를 해결하기 위해 노력하고 있다. 그러나 1997년 선진국(38개국) 중심으로 2020년까지 탄소감축(교토의정서)을 선언하였음에도 불구하고, 미국, 중국 등의 감축의무 미참여로 인해 기후변화대응에 대한 한계를 노출한 바 있다. 그 이후 COP21(2015년)에서 모든 국가에 감축의무를 부여하는 신(新)기후체제를 출범함으로써 선진국뿐만 아니라 개발도상국도 2020년부터 탄소감축의무를 부담하게 되었다. 영국은 기후변화위원회의 권고에 따라 탄소중립경제(Net-Zero Economy) 실현을 위해 국가적 탄소배출 목표를 발표(2019년)하고 온실가스 배출 'Zero'를 기후변화법에 명시하여 모든 산업 인프라 및 환경에 적용시키려 한다. 전 세계에서 최초로 영국의 물산업 분야는 'Net Zero 2030 Routemap'을 발표하여 물산업분야의 탄소중립 실현을 위해 다양한 정책적 로드맵과 실행방안(시나리오)을 수립하였다. 이러한 실행방안은 국가정책에 부합하고 자국내 물기업의 탄소저감 실행계획의 수립을 지원하는데 그 목적이 있다. 구체적인 실행방안은 탄소중립 달성을 위해 비용, 효과, 기술수준 및 기간 등을 고려하여, ①수요주도형, ②기술주도형, ③자연친화주도형, 그리고 ④복합형으로 제시하고 있다. 실행시나리오에 따르면, 수요주도형은 상하수도 분야 수요관리 및 기술, 설비의 효율화를 통한 배출 저감 방안으로 2018~19년 기준, 총배출량 2.41MtCO2e에서 2030년까지 0.54MtCO2e으로 약 77%의 감소효과를 기대하고 있다. 기술주도형의 경우, 심각한 탄소배출 분야의 기술개발 및 혁신을 통해 배출량을 최소화하는 시나리오이며, 총배출량(2.41MtCO2e)을 0.10MtCO2e(약 96%)까지 감소시키기 위한 방안이다. 자연친화주도형은 물기업의 자산 및 그 외 지역에 자연친화적 환경조성을 통한 탄소상쇄방안을 중심으로 총배출량을 0.88MtCO2e(약 63%)까지 저감하는 효과를 나타낸다. 마지막으로 복합협은 시나리오별 실효성과 적용시기를 고려할 때 가장 효과적인 방안으로 약 74%의 저감효과를 나타내지만, 시기적절성, 효과성에서, 가장 최적의 방안으로 제시되고 있다. 본 연구는 이러한 영국 물산업 분야의 탄소중립 정책과 실행방안 분석하고 그 시사점을 제시함으로써 국내 물산업 분야의 탄소중립을 위한 구체적 실행계획 수립에 이바지하고자 한다. 물산업 분야의 탄소중립은 기존 물산업 가치사슬 변화 등 물산업 생태계 전반의 변화를 초래할 것이며, 이러한 변화는 국내 물산업의 자본·운영시장의 비용증가에 대한 도전과 신재생에너지 기술 등 탄소 중립 기술 습득 및 새로운 일자리 창출 등 신(新)시장체계에 대한 기회가 동시에 상존한다.

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Christian Education for Sustainability (지속가능성을 위한 기독교교육)

  • Yoo, Eunju
    • Journal of Christian Education in Korea
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    • v.72
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    • pp.293-316
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    • 2022
  • This paper argues that Christian education for sustainability should be a spiritual education that fosters the spirituality of contentment, poverty, sharing, and justice through a critical review of the concept of "Sustainable Development" (SD), which emerged to overcome today's climate and ecological crisis. To this end, first of all, the efforts and limitations of international cooperation to overcome the deepening environmental problems will be considered. That is, economic interests have been prior to the environmental issues. When it comes to the 'Green Revolution,' there has been a huge gap between the ideal and the reality, so a sustainable society has become distant. Faced with this situation, Christian theology has been trying to build a new theological paradigm, breaking away from the limits of anthropocentric and afterlife-centered theology based on the dichotomy between the physical and the spiritual. Through such theological reflections, Christian education needs to carry out spiritual education focusing on how to deal with the problem of human greed for the restoration of the created world. In this regard, this paper presents the spirituality of contentment, poverty, sharing, and justice. For developing it, this article suggests deep theological reflection and repentance on human greed, listening to the victim's voice, moderation in consumption, investigation of alternative cases, and decisive action to reveal the truth from the victim's point of view.

A Study on Variation of Economic Value of Overseas Carbon Reduction Projects with Risk Factors (해외 탄소저감 사업의 위험요소를 고려한 사업 경제성 변동 분석)

  • Park, Jongyul;Choa, Sunghoon
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.6
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    • pp.45-52
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    • 2023
  • Recently, as climate change caused by greenhouse gases is intensifying, the international community has committed to reduce greenhouse gas emissions. The purpose of this study is to present the methodology and major considerations for investment judgment. Two actual cases of overseas projects were selected as study subjects. As an analysis method, the major risk factors were defined as a probability distribution, and the NPV was stochastically estimated using the Monte Carlo simulation method. In addition, assuming a policy change, the range of NPV change was analyzed. As a result, the average NPV of project A was lowered by 19%, and the probability of showing a negative NPV was 12.2%. The average value of project B was lowered by 12.5%. Considering the policy change, project A can obtain economic benefits only when it obtains 72.9% or more of the total amount of carbon credits generated, and project B is economically feasible when it acquires 49.5% or more. As a result, the average value of project A is lower than the net present value under basic assumptions, so caution is needed in investment decisions depending on changes in major risk factors. Additionally, considering policy changes, the carbon credit distribution ratio should be differentially applied depending on the project size, and this was presented as a specific figure.

Study on Improving Maritime English Proficiency Through the Use of a Maritime English Platform (해사영어 플랫폼을 활용한 표준해사영어 실력 향상에 관한 연구)

  • Jin Ki Seor;Young-soo Park;Dongsu Shin;Dae Won Kim
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.7
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    • pp.930-938
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    • 2023
  • Maritime English is a specialized language system designed for ship operations, maritime safety, and external and internal communication onboard. According to the International Maritime Organization's (IMO) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), it is imperative that navigational officers engaged in international voyages have a thorough understanding of Maritime English including the use of Standard Marine Communication Phrases (SMCP). This study measured students' proficiency in Maritime English using a learning and testing platform that includes voice recognition, translation, and word entry tasks to evaluate the resulting improvement in Maritime English exam scores. Furthermore, the study aimed to investigate the level of platform use needed for cadets to qualify as junior navigators. The experiment began by examining the correlation between students' overall English skills and their proficiency in SMCP through an initial test, followed by the evaluation of improvements in their scores and changes in exam duration during the mid-term and final exams. The initial test revealed a significant dif erence in Maritime English test scores among groups based on individual factors, such as TOEIC scores and self-assessment of English ability, and both the mid-term and final tests confirmed substantial score improvements for the group using the platform. This study confirmed the efficacy of a learning platform that could be extensively applied in maritime education and potentially expanded beyond the scope of Maritime English education in the future.