• Proceedings of the Korean Society of Disaster Information Conference
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• 2022.10a
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• pp.160-161
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• 2022

영국의 "기업과실치사법", 캐나다 및 호주의 기업처벌을 강화하기 위해서 형법을 개정하였음에도 불구하고 산업재해 감소 효과는 미미하다. 건설 현장의 불안전한 상태 방치 및 가설구조물에서 강도 높은 안전사고가 다수 발생하고 있다. 본 연구에서는 이러한 안전사고 예방을 위해 안전관리 실명제의 중요도 순위를 전문가 설문으로 도출하였다. 건설현장 전문가를 대상으로 AHP모형을 통해 중요도 분석한 결과 상위계층은 건설기계가 가장 중요하다고 보았으며, 하위계층의 안전시설물 관리에서는 개구부, 건설기계에서는 타워크레인, 관리실명제에서는 "산업안전보건법" 상에 의한 관리, 안전관리조직에서는 CEO의무가 가장 중요하다고 보았다. 안전관리실명제의 기대되는 역할은 중대재해처벌법이 예방에 힘쓰기 보다는 방어에 온힘을 다하느라 예방의 기능이 저하되고 있다. 이러한 역 기능을 바로잡기 위해 안전관리실명제는 중요하다.

• Journal of the Korean Society of Safety
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• v.38 no.1
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• pp.55-61
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• 2023

Although corporate punishment-related systems are being implemented in several countries, such as South Korea's Serious Accidents Punishment Act (SAPA), related research has mainly focused on legal issues. This study aimed to compare and analyze the SAPA and Singapore's Workplace Safety and Health Act (WSHA) and Code of Practice on Chief Executives' and Board of Directors' Workplace Safety and Health Duties (WSHD). In addition, it was attempted to draw implications to enhance the effectiveness of the CEO's safety and health duties. For this study, a comparative analysis was conducted in 3 steps. In step 1, similar overseas systems were investigated. In step 2, the system contents were classified into four viewpoints (DUTY, RESOURCE, Other factors, and Main contents), and comparison items were derived from each viewpoint. In step 3, the viewpoints were compared, and implications were derived. The following three implications were derived through comparative analyses. 1) In WSHD, additional explanation and calibration of measures clarify the CEO's role, and 2) It is easy to use for the CEO's duties by providing the resources directly. 3) Penalties for violating the proposed duties are entrusted to the existing higher-level laws. Considering this, providing detailed content and related information for the CEO would possibly improve the SAPA to fulfill his/her duties through announcements from related organizations in the future.

• Journal of the Society of Disaster Information
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• v.18 no.4
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• pp.817-827
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• 2022

The real-name safety management system is to indicate "safety" after inspection by construction personnel before workers use it for the purpose of preventing safety accidents caused by unsafe conditions in temporary facilities and temporary constructions installed at construction sites. Purpose: By implementing the real-name system for safety management at construction sites, the objective is to respond to the "Severe Accident Punishment Act" and to improve the level of safety management at the same time. Method: In this study, a hierarchical analysis model was produced through previous studies of actual conditions such as types of safety incidents and causality at construction sites. The AHP model was used to calculate integrated weights and rankings with a pairwise comparison questionnaire for experts. Conclusion: As a result of the analysis of the upper classes, construction machinery was evaluated the highest, and real-name management system was evaluated the lowest. As a result of the lower-level analysis, it was considered that opening doors for safety facility management, tower cranes for construction equipment, management under the "Occupational Safety and Health Act" under the real-name management system, and CEO duties for safety management organizations were the most important.

• 월간 기계설비
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• s.258
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• pp.61-64
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• 2012

공정거래위원회(위원장 김동수)가 하도급거래에서 서면발급 및 보존관행을 정착시키기 위해 "바람직한 서면발급 및 보존에 관한 가이드라인"을 제정해 1월 1일부터 시행에 들어갔다. 가이드라인에는 ${\bigtriangleup}$하도급계약서(추가 변경계약서 포함) ${\bigtriangleup}$하도급계약 확인서면 ${\bigtriangleup}$목적물 등 수령증명서 ${\bigtriangleup}$검사결과 통지서 ${\bigtriangleup}$감액서면 ${\bigtriangleup}$기술자료 제공 요구서 ${\bigtriangleup}$계약변경 내역 통지서 등 7건은 의무발급을, ${\bigtriangleup}$목적물 등의 검사결과 및 검사 종료일 ${\bigtriangleup}$하도급대금의 지급일 지급금액 및 지급수단 ${\bigtriangleup}$설계 변경 등에 따라 하도급대금을 조정했을 때 사유 ${\bigtriangleup}$원재료 등의 가격변동 등에 따라 수급사업자가 하도급 대금 조정을 신청한 경우 협의내용 및 조정사유 등 7건은 보존 서면으로 명시했다. 이번 가이드라인은 동반성장협약 평가 항목에도 반영될 예정이다. 또한 공정거래위원회는 하도급법상 서면발급 또는 보존의무를 위반해 경고조치를 받을 때에는 교육이수를 권고하는 한편, 서면 미발급 등 혐의가 반복될 때에는 최고경영자(CEO)가 교육(3개월에 3시간)을 이수토록 규정했다. 특히 서면실태조사에서 서면 미발급 미보존 혐의가 장기간 상습적으로 이뤄졌다는 사실이 확인되면 직권조사를 거쳐 엄중할 방침이다.

• Journal of the Korea Institute of Construction Safety
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• v.5 no.1
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• pp.17-24
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• 2023

The purpose of this study is to clearly recognize critical issues and to suggest relevant solutions for the issues since too many deaths and injuries due to industrial accidents has been going on for a long time, also the deaths of workers is a problem that affects not only one person's death but also many people connected with it and society as a whole. And the need for a strict Serious Accidents Punishment Act is sympathetic. However, the current Severe Accident Punishment Act is not welcomed by both labor and management due to its ambiguity, and it is suggested that the punishment and legislative content of the management manager who violated the duty to ensure safety and health is abstract and the level of punishment is excessive. In addition, due to the ambiguous part of the management manager's interpretation and serious industrial accidents, most companies appoint large law firms to receive legal interpretation and advice, so only law firms are getting full, and the cost that companies invest to protect the CEO is actually a safety accident. It is suggested that the current enforcement ordinance, which has ambiguity, needs to be revised because it must be entered into as a preventive cost.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.277-314
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• 2006

This article aims at analysing the reality of banks' liability resulting from the breach of contract on its part to keep the business secrecy with the supplier in the transferable credit, focusing on a English decision, Jackson v. Royal Bank of Scotland [2005] UKHL 3. In this case, the applicant, 'Econ', had purchased various varieties of pre-packed dog chews in bulk through 'Sam'(lst beneficiary) from 'PPLtd'(2nd beneficiary) in Thailand, using a transferable letter of credit issued by 'RBank'. 'Sam' charged a tremendous amount of mark-up on each transaction and it had not been disclosed to 'Econ', although the identity of 'PPLtd' was revealed to 'Econ' by various documents. However, 'RBank' made an unfortunate error to send an completion statement and other documents including 'PPLtd.'s invoice to 'Econ' instead of to 'Sam'. The effect of the Bank's error was to reveal to 'Econ' the substantial profit that 'Sam' was making on these transactions. CEO of 'Econ' was furious and, as a result, decided to cut 'Sam' out of its importing system and terminated their relationship. 'Sam' sued 'RBank' for damages to recover the loss of profits which could have been possibly made, if the information on the mark-up would not have been exposed to 'Econ'. The House of Lord held that 'RBank' was in breach of its duty of confidence, so 'Sam' was entitled to recover damages on a decreasing scale over 4 years, since there was no specific undertaking from the letter of credit.

• Journal of Digital Convergence
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• v.13 no.3
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• pp.11-18
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• 2015

After entering a convergence era, South Korea Government has enacted and announced the Standard Contract on the e-Learning Content Development Project, a year and eight months has passed. Nevertheless, there has been continued still the unjust and unreasonable contract practices issues raised by project owner in the e-Learning industry. This study investigated application status of the Standard Contract via FGI and questionnaires and suggested its improvement alternative. This study analyzed that the Standard Contract has not taken root at all in ordering of the e-Learning content development project and not reaped the effect. This study presented alternatives such as mandatory application of the Standard Contract, education and outreach, introduction of the monitoring system, certification system implementation, granting of additional points in the evaluation of agencies and CEO and etc. to that standard contract is settled as the government's intentions and objectives in the e-Learning industry field.

• Journal of Industrial Convergence
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• v.18 no.2
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• pp.87-94
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• 2020

This paper belongs in a literature of sustainablity policy determination. This paper offers an actual status and explanation to corporate social responsibility of SMEs in Korea. This study examines CSR situation focused on developing mechanisms to enable the SMEs sector. Firstly, this study suggests introducing the third-party professional assurance service on sustainablity reports and/or asking global accreditation such as ISO14001 and ISO26000 when entry as a provider in government e-procurement system. Secondly, this study introduce the CSR Committee headed by the CEO and coordinates group-wide committees to discuss the CSR Guidelines. Third, because CSR does not only have to do with the SMEs, but pertains to the local community and business partner, this study offered the opportunity to work with large companies in aspects of CSR.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.13 no.4
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• pp.35-48
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• 2018

This study aims to assess the training effect of QFD(Quality Functional Deployment) program for 3 years over startups, adopted from the conventional QFD widely used in the large companies to break up to a sluggish sales and growth, for employees working in startup whether the participants in startup and venture company taking this lessons into their real tasks or not. In particular, the focus of this study falls on figuring out whether individual characteristics of the participants play a role in moderating effect over transfer intension factors and its link path structure. The research results drive out two significant findings. First, in terms of relationship between the influence of transfer intension by self-efficacy and the validity of training content with the learner's readiness, the moderating effect of demographic features of the participants is effective partially by the sex and fully by their working position, but not statistically significant by age, education, and the prior startup career. This research deliver the following significant implication that the active participation of CEO level, decision-maker guarantee the higher performance of the training program like QFD program, more stresses falling on practical implementation in real business rather than just ending up with career training. This study gives significant policy implication to quasi-government organization running all public startup training projects.