• 제목/요약/키워드: Compulsory

검색결과 472건 처리시간 0.067초

Analysis on the Labor Market Performance of Local University Graduates and Regional Education Gap (지방대학 졸업자의 노동시장 성과와 지역별 교육격차)

  • Kim, Hisam
    • KDI Journal of Economic Policy
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    • 제32권2호
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    • pp.55-92
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    • 2010
  • In terms of labor market accomplishments, such as income, size of the company, and the matching quality between one's job and college major (specialization), a very large discrepancy is observed between the graduates from colleges located in Seoul and those outside Seoul. But, when the department average score of the Scholastic Aptitude Test (SAT) at the time of college entrance is controlled for, the discrepancy is found to be reduced to a considerable degree. In the case of wage gap, at least two third can be explained by the SAT score gap. The remaining wage gap seems to reflect the characteristics of workplace. In other words, graduates with high SAT scores enter colleges located in Seoul and thus tend to find better jobs leading to earning differences. This result that confirms the importance of aptitude test scores suggests that in the labor market, one of the major reasons behind a lower accomplishment of the graduate from local colleges is due to a lower competitiveness of local colleges in attracting the brightest students. But, this should not be viewed as only an internal problem of local colleges. This is because the growth of local economies tends to haul the advancement of local colleges in that area rather than being the other way around. The agglomeration effect in Seoul where headquarters of large corporations and financial institutions gather is the factor that has elevated the status of colleges located in Seoul since this provides highly preferred job choices of graduates. When the competitiveness of college is significantly influenced by exogenous factors, such as the vicinity to Seoul, the effort being made by colleges alone would not be enough to improve the situation. However, the central government, too, is not in the position to carry out countermeasure policies for such problems. The regional development strategy boosted through supportive policies for local colleges, such as financial support, is not based on the persuasive and empirical grounds. It is true that college education is universal and that the government''s intervention in assisting local colleges to secure basic conditions, such as tenure faculty and adequate facilities is necessary. However, the way of intervention should not be a support-only type. In order to improve the efficiency and effect of financial support, restructuring programs, including the merger and integration of insolvent colleges, should be underway prior to providing support. In addition, when the policy is focused on education recipients-local college students, and not on education providers-local colleges, the importance of regional gap in compulsory education (elementary and junior high schools) turns out to be much important as the gap between metropolitan area colleges and local colleges. Considering the educational gap before college entrance shown from the discrepancies of aptitude test scores among different regions, the imbalance between regions in terms of human resources is apparently derived from compulsory education, and not from college education. Therefore, there is a need to double the policy efforts to reduce the educational gap among different regions. In addition, given the current situation where it is difficult to find appropriate ex post facto policy measures to solve the problem of income gap between the graduates from metropolitan colleges and local colleges, it can be said that improving the environment for compulsory education in local areas is a growing necessity for bridging the educational gap among different regions.

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The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • 제13권1호
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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A Study of the Environmental Dispute Arbitration System in Korea (우리나라의 환경분쟁조정제도에 관한 연구)

  • Kim, Sang-Chan
    • Journal of Arbitration Studies
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    • 제21권3호
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    • pp.89-114
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    • 2011
  • Environmental disputes not only possess the special characteristics of collectivity and plural value relativity but it also possesses the unique features of difficulty to prove cause and effect as well as the structural maldistribution of evidence and information. Therefore, the positive resolution of an environmental dispute can be brought about more easily with the Alternative Dispute Resolution (ADR) which can take the form of talks, compromises, as well as arbitration or mediation rather than through a trial process. Such being the case, this paper first looks into the problems and effectiveness of the arbitration system of environmental lawsuits and then takes an even closer look at Korea's environmental dispute arbitration system and finally offer some reform methods. In Korea, the environmental dispute arbitration system was implemented in 1991 and has been executed since then. Although this system does have positive features such as the high rate of coming to an agreement between the involved parties but unfortunately, most of the cases rely on decisions based on right and wrong which cannot but be far away from the intentions of the ADR system. It is heavily centered around claims regarding psychological compensation regarding noise and vibrations and the ratio of the actual amount of compensation is comparatively lower than the requested amount. In addition, with the limits in organization and manpower, it leads to a lack of professionalism as well as the problem of low usage with the low awareness rate. As reform measures against the aforementioned problems, this paper suggests the following. First, in order to activate the arbitration process more fully, it proposes aggressive usage of compulsory arbitration as well as submission to arbitration, while at the same time raising ADR professionals to fill in the missing gaps. Secondly, in order to overcome the problem of concentration of related cases, making representative lawsuits of environmental organizations would be a good idea. It also states that in order to make the compensation amount more realistic, it should go out of the across-the-board decision making process and reach a decision about the compensation amount that takes the individual situation's dispute into consideration. In order to boost the professionalism of the environmental dispute arbitration, it is necessary to reform the organization and manpower such as expanding the number of members of full standing, and increasing the professionalism of the examiners. Also, to increase the usage rate of the ADR system, the paper suggests stationing a civilian consultant regarding environment, or activating the compulsory arbitration which is the premise for public participation on the part of the residents.

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Case Study of Improvement against Leakage of a Sea Dike under Construction (해안제방 시공 중 해수유입에 대한 차수보강 사례분석)

  • Han, Sang-Hyun;Yea, Geu-Guwen;Kim, Hong-Yeon
    • Journal of the Korean Geosynthetics Society
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    • 제14권2호
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    • pp.95-103
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    • 2015
  • In this study, the causes and countermeasures for the leakage of a sea dyke under construction are analyzed. In general, the seabed ground is clearly divided from the embankment but a lot of parts show abnormal zones with low resistivity from the results of electric resistivity survey. Hence the causes of the leakage are considered as following: three-dimensional shear strain behavior, irregular compulsory replacement of the soft seabed ground with low strength and quality deterioration of the waterproof sheets during the closing process. The improvement method is determined by considering the constructability in the seawater and its velocity condition, durability, economic feasibility, similar application cases and so on. Consequently, a combination of low slump mortar and slurry grouting and injection method is selected as an optimum combination. Mixing ratio and improvement pattern are determined after drilling investigation and pilot test. The improvement boundary is separated into general and intense leakage area. The construction is performed with each pattern and the improvement effects are confirmed. The confirmed effects with various tests after completion show tolerable ranges for all of the established standards. Finally, various issues such as prediction of length of the waterproof sheet, installation of it against seawater velocity, etc. should be considered when sea dykes are designed or executed around the western sea which has high tide difference.

A study on the change of EEOI before and after modifying bulbous at the large container ship adopting low speed operation (대형 컨테이너선의 저속 운항 시 선수부 개조 전후 EEOI 변화에 대한 연구)

  • Park, Goryong;Cho, Kwonhae
    • Journal of Advanced Marine Engineering and Technology
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    • 제41권1호
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    • pp.15-20
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    • 2017
  • The International Maritime Organization(IMO) has adopted and implemented compulsory regulation for reducing greenhouse gas emission that cause global warming. However, with global warming underway, the IMO plans to enforce voluntary carbon dioxide emissions reduction based on the Ship Energy Efficient Management Plan and the Energy Efficiency Operational Indicator(EEOI) in the near future. Large container ships sail at low speeds in order to save fuel and reduce carbon dioxide emissions. However, bulbous bows designed for high-speed ships decrease fuel efficiency by acting as resistance when reduced speeds are adopted by large container ships. In order to adopt low-speed operations and increase fuel savings, the bulbous bow of a large container ship was modified into the proper shape and size. Fuel consumption was compared for checking the result of EEOI before and after modifying the bulbous bow adopted on low speed operation of large high-speed ships. The results confirmed much larger carbon dioxide emissions reduction than expected. If EEOI would be implemented as compulsory regulation for reducing carbon dioxide emissions, bulbous bow modification can be considered as one of the fuel saving methods for the high-speed ships.

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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    • 제6권6호
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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.

An Analysis of the PCK Components of Science Teacher's Guidebooks for Elementary School and Middle School in North Korea (북한 소학교와 초급중학교 과학과 교사용 지도서의 교수내용지식(PCK) 요소 분석)

  • Jeong, Sejong;Na, Jiyeon
    • Journal of The Korean Association For Science Education
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    • 제40권4호
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    • pp.415-427
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    • 2020
  • This study aims to understand science education conducted in North Korea by analyzing the PCK components shown in two science teacher's guidebooks: (1) Guidebook for 1st grade elementary school and (2) Guidebook for 1st grade middle school. These were published after 2013, when "the first 12-year Universal Compulsory Curriculum" was implemented in North Korea. The analysis shows that both elementary and middle school guidebooks had the highest percentage of content in "Knowledge of Subject Matter", followed by "Knowledge of Instructional Strategies in Science" and "Knowledge of Science Curriculum". On the other hand, "Knowledge of Assessment in Science" and "Knowledge of Students" were significantly low in content. Within the "Knowledge of Subject Matter", both elementary and middle schools had the highest proportion of content in "Concepts and Theories", along with "Experiments and Inquiries" that was also significantly higher than other PCK components. Science teacher's guidebooks in North Korea advocates constructivist teaching style by using "discussions" as the main activity when conveying scientific concepts and theories to students or conducting scientific inquiry classes. Furthermore, "Knowledge of Instructional Strategies in Science" was mainly focused on guiding the "Instruction sequence and method" from the "Topic-specific Strategies", while only a small part of the "Subject-specific Strategies" was being presented. Also, Science teacher's guide books in North Korea included only a few theoretical elements of science education in both the general outline and the particular sections of guidebooks. "Knowledge of Science Curriculum" was mainly composed of "Lesson Objectives" with some inclusion of "Vertical Articulation" and "Horizontal Articulation". "Knowledge of Assessment in Science" and "Knowledge of Students" accounted for a small portion compared to the science teacher's guidebooks in South Korea.

Effects of Compulsory Casting on Velvet Antler Growth in Sika Deer (강제낙각이 사슴뿔의 성장에 미치는 영향)

  • Kim, S.W.;Choi, S.H.;Sang, B.D.;Kim, Y.K.;Yoo, C.H.;Seo, K.W.
    • Journal of Animal Science and Technology
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    • 제47권5호
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    • pp.899-904
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    • 2005
  • The study was conducted to investigate the effects of physical stimulus on casting day of antler, velvet antler yield, length of velvet antler in Sika deer(Cervus nippon). Eigthen(18) stags were assigned into the treatment with six(6) stags for treatment. Results revealed that at the start of the velvet antler growth, compulsorily casting both pedicles group was 15 days later at first cycle but 11-14 days earlier at the second cycle than control group(P<0.05). The yields of velvet antler in control group, casting only left pedicle group and the both pedicle group were 775g, 835g and 757g at the first cycle and 1,004g, 1,194g and 998g at the second cycle, respectively. The average length of antler in control group, casting only left pedicle group and both pedicle group were 25.8cm, 27.4cm and 31.5cm, respectively. The average length of antler of the casting only left pedicle group and that of the both pedicle group showed 1.6cm and 5.7cm in first cycle and 2.7cm and 2.4cm in second cycle longer than that of control group(P<0.05). Results of the study suggest the possibility of controlling velvet antler producing point through compulsory casting method.

A Study on Analyzing Precedents and Legal System of Landscape Tree Damage by Natural Disasters (자연재해로 인한 조경수목 피해 판례 및 제도분석 연구)

  • Yu, Joo-Eun;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • 제41권4호
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    • pp.77-84
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    • 2013
  • With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.

A Study on the Enhancement of Maritime Education and Training to cope with IMO Member-state Audit Scheme (IMO 회원국 감사제도 대응을 위한 해기교육 강화방안에 관한 연구)

  • Lee, Yun-Cheol;Park, Sung-Ho
    • Journal of Navigation and Port Research
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    • 제37권2호
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    • pp.203-210
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    • 2013
  • In spite of adoption of various IMO Conventions over the past, the reason why large vessel accidents related to human life and marine environment occur is that the IMO Conventions are not effectively implemented due to contravention of the conventions by flag states. In particular, the implementation of the conventions are not well being performed because some flag states having weak genuine link between them and vessels haven't set up proper personal and structural organizations in charge of maritime safety and marine environment protection. From this background, IMO Resolution A.946(23) on the voluntary IMO Member-state Audit Scheme was adopted at the 23rd Assembly in Nov. 2003 and the Scheme is expected to be executed compulsorily in 2015 through the adoption of the IMO Resolution A.1018(26) in Nov. 2009. Accordingly, this study examined outline of the IMO Member-state Audit Scheme and the Code for the Implementation of Mandatory IMO Instruments used for the audit standards of this scheme. In addition, this study reviewed the member-states' obligations and responsibilities according to the compulsory implementation of the member-state audit scheme in 2015. Based on this, this study suggested the enhancement measures for maritime education and training of maritime education institutions of the Republic of Korea to cope positively with compulsory implementation of the IMO Member-state Audit Scheme.