• Title/Summary/Keyword: Comparative Study of Law

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A Comparative Study on Construction Method for a Large Underground Station under Pile Supported Bridge (모형실험을 이용한 교량하부 통과 구간 굴착공법 비교 연구)

  • Yoo, Chung-Sik;Chung, Eun-Mok
    • Journal of the Korean Geosynthetics Society
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    • v.16 no.4
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    • pp.177-190
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    • 2017
  • This paper presents the results of an experimental study on the effect of large underground station construction method under an existing pile supported bridge using reduced-scale model tests. A series of tests were conducted on design alternatives using 1g models for different design options for which tunnel structures were created considering the similitude law. Deformation fields obtained using the PIV analysis and LVDTs together with strains in tunnel structures were used to investigate the effect of the construction methods on the pile supported bridge. The results of the tests demonstrated that the pipe roof structure is more efficient in limiting the ground deformation as well as the settlement of bridge foundation than a 2-Arch tunnel. It is also shown that the PIV analysis can be effectively used in analyzing ground tunneling induced ground movement for cases in which a construction sequence governs ground movement.

Identifying business ethics components according to business area for small and medium-sized fashion companies (중소 패션기업의 업무영역별 비즈니스 윤리 요소 도출)

  • Kim, Soo-Kyung;Yoh, Eunah
    • The Research Journal of the Costume Culture
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    • v.27 no.5
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    • pp.415-432
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    • 2019
  • The purpose of the present study was to generate a list of business ethics components according to business area for small and medium-sized fashion companies. Based on the literature review, 21 components of business ethics components were identified within five business areas. Ten CEOs(Chief Executive Officers) each participated in an in-depth interview, sharing ethical and unethical cases from their own businesses. Constant comparative analysis was used to generate important business ethics components from those cases. In results, important business ethics components for each business area are: 1) using human-friendly materials, strengthening sustainable technologies, using vegan materials, concerning safe process, and reducing waste in the material production and sourcing area, 2) enhancing an efficiency in design, developing recycle/reuse designs, avoiding to copy designs, and using messages for public interest in the product design area, 3) concerning fair-trade, reducing harmful substance, saving energy, and using ethical supply channels in the distribution and logistics area, 4) acquiring certifications, promoting consumer protection, avoiding exaggerative/false advertisements, and promoting social contributions in the management and marketing area, and 5) promoting workers' rights, complying with the law, and investing on employee educations in the labor management area. All of the ethical and unethical cases of the ten companies have involved aspects of the 21 components, thereby enhancing understandings on how each issue is being seriously considered and/or handled in the small and medium-sized fashion companies. Study findings may provide a basis for development of a research model for quantitative studies and/or educational programs related to business ethics in the fashion industry.

A Comparative Study on the Plans for Strategic Environmental Assessment in Korea and Foreign Countries (국내외 전략환경평가 대상계획 비교 연구)

  • Oh, Jinkwan;Kwon, Younghan
    • Journal of Environmental Impact Assessment
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    • v.24 no.3
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    • pp.244-259
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    • 2015
  • The Strategic Environmental Impact Assessment(SEIA) in Korea has been introduced and implemented for 15 policy-level plans and 86 project-level plans since 2012. Lately an important issue of the Environmental Impact Assessment(EIA) policy has been emerged regarding the expansion of the policy-level plans subjected to SEIA. Thus, we propose the plans that need to be included in the system, compared with those subjected to the Strategic Environmental Assessment(SEA) enforced in the law or the guideline of 10 foreign counties, especially with those of Germany, France, Italy, the United Kingdom, and Netherlands. Specifically the study suggests that plans related to energy as well as land use, which are well known to cause potential environmental impacts and subjected to the federal-level SEA in those countries, should be the subject of SEIA.

Problems of Implant Procedure and Medical Disputes (임플란트 시술의 문제점과 의료분쟁)

  • Lee, Tae-Hui;Song, Young-Ji
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.281-297
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    • 2016
  • In order to make a treatment plan and outcome prediction, it is important to evaluate accurately and objectively osseous tissues of the implant area. The evaluation of osseous tissues is the most objective method for the decision of production time of upper structure of alveolar bone. However, the evaluation of osseous tissues contains contradiction because it is made by subjective opinions of dental surgeons. Many dentists also point out the problem of subjective evaluation of osseous tissues. Therefore, it is necessary to create accurate and objective standards. Previously, the evaluation of bone density depends on dentist's subjective sensation during drilling procedure of implant. However, the HU(Hounsfield unit) figure of CT(computed tomography) scan allows of objective and precise categorization of bone density now. Misch and Kircos divided the bone density levels from D1 to D5 with subjective separation of bone density. Their method also depended on not objective and quantification data but subjective separation by sensation. Thus, we need the evaluation of implant area through comparative analysis of more objective and quantification data. Implant treatment comprises the highest frequency of medical disputes of dental clinic. If we bring objective checkup and reasonable treatment method in the implant treatment, we can deduce more reasonable results, and the failure late of implant treatment also can decrease. The ultimate objective of this study is the minimization of dental disputes between dental patients and dentists by creating new legal standards on the basis of objective and quantification data.

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The Comparative Study on Arbitration System of South Korea, North Korea, and China (남북한 및 중국 중재제도의 비교연구)

  • Shin, Koon-Jae;Lee, Joo-Won
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.101-124
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    • 2007
  • The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

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A Comparative Study on the Rules of Origin and Origin Implementation Procedure in KORCHINA FTA and Main Korea's Existing FTAs - Focused on KORUS·KOREU·KORASEAN FTA - (한·중 FTA와 기(旣)체결 주요 FTA의 원산지 규정과 절차 비교연구 - 미국·EU·ASEAN FTA 중심으로 -)

  • LIM, Mok-Sam;LIM, Sung-Chul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.589-616
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    • 2016
  • The reviewing of an analysis of the Korea-China FTA due to guidance introduced for the new regulations or exceptional regulations compared to the KORUS, Korea-EU, Korea-ASEAN FTA. Commodity sectors in the Korea-China FTA and the KORUS, Korea-EU, Korea-ASEAN FTA(the majority in the country and trade criteria analysis result) compared and analyzed the results, rules of origin and the customs clearance procedures of origin, preferential tariff rate of origin and the origin preferential specific rules are somewhat difference, but customs and trade facilitation regulations are already quite consistent with the Korea customs system. Relatively important research results were as follows. First, the calculation of the regional value content in KORCHINA FTA is that I'm to use the deduction method can comprehensively reflect a regional value ratio, with respect to the materials acquired originating status as the FTA in the US and EU use the product non it's not to consider the value of the originating materials originating materials can be utilized for intermediate goods. Second, even if a non-treaty country in the middle with the exception of direct transport rules, and acknowledge the country of origin are under customs control, there are provisions for the period are temporarily stored in a non-treaty countries separately, that period goods imported into the non-treaty countries and up to three months from the day. If the situation of the occurrence of force majeure be greater than three months, but has so exceed six months. Third, the materials acquired originating status in the Korea-China FTA not to consider the value of non-originating materials used in its products as the KORUS FTA and Korea-EU FTA, that can be utilized originating materials for intermediate goods. It is expected that higher utilization of rules of origin. Meanwhile, Korea-China FTA has provisions to allow requests for preferential tariff applied on imports Customs declaration of intention to apply pre-condition for a preferential tariff applied to the importer. In other words, if the import customs tariff preference when applying post-intention not to advance is to be noted that any preferential treatment to prevent the later application.

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A Comparative Legal Study on Safety and Transportation Convenience of Mobility Disadvantaged Persons (항공교통약자 안전 및 이용편의를 위한 비교법적 연구)

  • Hwang, Ho-Won;Cho, Jeong-Hyeon
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.63-97
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    • 2016
  • Ago the passenger who using a wheelchair was denied boarding from the airline. The ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST DISABLED PERSONS prohibits discriminatory treatment of persons with disabilities in transportation. But there are situations that limits the movement on persons with reduced mobility. The international community promote to protect disabled persons and persons with reduced mobility against discrimination and to provide them with assistance when travelling by air. According to news report, the governing Council of the International Civil Aviation Organization (ICAO) has established new global core principles on air transport consumer protection. The principles cover three phases of a customer's experience: before, during and after travel, and will now be considered by ICAO's 191 Member States when they develop or review their applicable national regimes. The international community are recognizing that passengers can benefit from a competitive air transport sector, which offers more choice in fare-service trade-offs and which may encourage carriers to improve their offerings, passengers, including those with disabilities, can also benefit from consumer protection regimes. In accordance with these we will also be provided to regulations that can prevent and protect the air passenger. In this paper analyze the regulations of the international air passenger rights, point out the lack of policy.

An Analysis of the De-administration Policy of Universities in China: using Cooper's 4 Dimension Policy Lenses (중국 대학교 탈행정화 정책 분석: Cooper의 4차원 정책분석 모형을 사용하여)

  • Li, Cheng-Shi
    • Korean Journal of Comparative Education
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    • v.28 no.4
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    • pp.165-187
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    • 2018
  • The main purpose of this study is to analyze the reform of deadministration of universities in China by the Cooper's 4-dimension of education policy theory. Based on the theory, the reform of deadministration was analyzed in four dimensions(normative, structural, constituent, and technical dimension). First, in the normative dimension, the Chinese university deadministration policy is fully guaranteed by law, and mainly aimed at "modernization of education management system and management ability". Second, in the structural dimension, a highly administrative management paradigm of universities has played an important role during the early stages of higher education development, but it now becomes one of the main obstacle to its further development. However, the Chinese university de-administration policy is a policy that has taken almost 60 years. Therefore, this problem must be solved step by step. Third, in the constituent dimension, although there were some differences in the attitudes towards "the administration" and "the de-administration" of Chinese scholars, university presidents and the public(students), most of them agreed on eliminating "the administration of universities." Fourth, in the technical dimension, Chinese central government and many universities have accumulated many achievements of "the deadministration policies" in management and practice, while some criticisms are heard, either. However, I hope that all reform cases, regardless of their success or failure, will become a model for future administrative reforms.

A Study of Modularity in the Perspective of Standardization: A Comparative Analysis of Electronic and Automotive Industries (표준화 정책 측면에서 모듈성 연구: 전자 산업과 자동차 산업 비교 분석)

  • Kim, Dong-hyu;Kang, Byung-Goo;Kim, Chulsik
    • Journal of Technology Innovation
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    • v.23 no.3
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    • pp.169-199
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    • 2015
  • Information and communication technologies (ICT) have been combined with products from other industries to provide new functionality, as recently shown in the cases of Internet of Things (IoT). Modularity assumes a crucial role in such technological convergence, and has impacts on the relationship between organizations as well as competition within an industry. Interface standards, which ensure the connectivity between modules, serve as a critical factor in the process by which modularity affects organization systems and industry structure. To understand the aforementioned phenomenon, we studied modularity and interface standards with a focus on the interaction between technology and organization systems and subsequent changes in industrial dynamics. This paper examines previous literature on modularity and interface standards in the aspects of product architecture, organization systems, and institutional factors. With this analytical framework, we conducted a comparative analysis of electronic and automotive industries to derive implications for standardization policy. This research has shown the significance of external open interface standards in shaping an industrial landscape where a variety of module producers horizontally compete. It also advises that policymakers take into account product characteristics, engagement of leading firms in an industry, and institutional factors such as WTO law in the design of standardization policy.

Overcoming Poverty and Social Inequality in Third World Countries (Latin America, Africa)

  • Drobotya, Yana;Baldzhy, Maryna;Pecheniuk, Alla;Savelchuk, Iryna;Hryhorenko, Dmytro;Kulinich, Tetiana
    • International Journal of Computer Science & Network Security
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    • v.21 no.3
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    • pp.295-303
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    • 2021
  • The relevance of the research is due to the fact that the issue of poverty is one of the most acute social problems of the beginning of the third millennium. The phenomenon of poverty is widespread in third world countries as well as it is observed in relatively developed countries. Poverty rates in Latin America are threatening. Consequently, the issue of social and economic inequality in these countries has become extremely acute. The purpose of the research: to identify the causes of poverty and social inequality and substantiate the main directions of poverty reduction in third world countries. The research methods: comparative analysis; index method; systematization; grouping; generalization. Results. The classification of the causes of poverty has been carried out and the directions of its overcoming in the countries of Latin America on groups of indicators have been defined, namely: 1) political; 2) economic; 3) demographic; 4) regional-geographical; 5) social; 6) qualification; 7) personal. Based on the Net Domestic Product indicator, a comparison of economic indicators of the studied countries has been carried out. It has been revealed that from 1990 to 2018 income inequality increased in 52 of 119 countries studied, and decreased in 57 states. Inequality has increased in the world's most populous countries, particularly China and India. In general, countries with growing inequality are home to more than two-thirds (71%) of the world's population. Trends in the distribution of income in the world have been investigated by applying the Gini index, the high level of which is observed in Latin America (Colombia 48,9%, Panama 46,1%, Chile and Mexico 45,9%). The forecast of the impact of the Covid-19 pandemic on this issue has been outlined; the ways of its impact on the economies of the countries have been studied. As a result of the study, the main directions and mechanisms of the strategy for poverty reduction and social inequality in the third world countries have been identified. The implementation of the poverty reduction strategy presented in this academic paper may have a positive impact on the economic situation of the population of Latin American countries.