• Title/Summary/Keyword: Controversial Issues

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A Study on Conflict Prevention in the Site Selection of National Defense Facility Relocation Projects (중대재해 처벌 법의 실효성 제고를 위한 법적 쟁점 분석 및 경영자 안전보건관리 전략에 대한 연구)

  • Hoon Han
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.5
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    • pp.253-260
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    • 2024
  • This study aims to analyze the key legal issues of the Serious Accidents Punishment Act (SAPA), which came into effect on 2022, in South Korea, and to propose practical occupational safety and health management strategies for business executives. The SAPA was introduced to prevent serious industrial accidents and protect workers' lives and safety. However, its effectiveness has been controversial due to the ambiguity of the law and uncertainty in its application. The study first provides an overview of the SAPA's main provisions and analyzes legal issues focusing on the punishment of business executives and the punitive damages system. Key issues identified include the ambiguity of "safety and health obligations," difficulties in proving causality, and unclear criteria for determining intent or gross negligence. Recent cases of serious accidents are examined to illustrate practical challenges in applying the law. Furthermore, the study compares the punitive damages system under the SAPA with that of the Product Liability Act and similar systems in the United States, United Kingdom, and Germany. This comparative analysis highlights the characteristics and problems of the Korean system, such as the unclear punitive nature, controversy over excessive compensation, and potential for abuse of litigation. Finally, the study proposes practical occupational safety and health management strategies for business executives to effectively respond to the SAPA and create safer workplaces. Key strategies include establishing a safety and health management system, conducting risk assessments, implementing safety education, managing subcontractor safety, and investing in safety and health.

Inter-country Analysis on the Financial Determinants of Corporate Cash Holdings for the Large Firms With Headquarters in the U.S. and Korea (한국과 미국 대기업들의 현금유동성 보유수준에 대한 재무적 결정요인 분석)

  • Kim, Hanjoon
    • The Journal of the Korea Contents Association
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    • v.17 no.6
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    • pp.504-513
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    • 2017
  • This study investigated one of the controversial issues on debate or even controversial between policy makers at the government and corporate levels: To examine any financial determinants on the cash holdings of the firms in the advanced and emerging capital markets. Futhermore, it focused on the large representative firms headquartered in the U.S. and the Republic of Korea, taking into account scarcity of the previous literature concentrated on the comparative studies on this particular subject. Several legitimate, but robust econometric estimations such as static and dynamic panel data models and Tobit regression, were applied to investigate possible financial factors ono the cash liquidity. Given the continued debates or arguments on the excess cash reserves between interest partied at the government and corporate levels in the advanced and/or emerging capital markets, and more accelerated capital transfers among associated nations by engaging in the arrangements of the FTAs, the results of the study may provide a vision to search for the optimal level of corporate cash holdings for firms in the two nations.

The Present Situation, its Controversial Points and its counterplans of Korean Students who are Studing Chinese Medicine in China (중국(中國)의 중의약대학(中醫藥大學) 한국유학생(韓國留學生) 현황(現況), 문제점(問題點) 및 대책(對策))

  • Lee, Seon-Dong;Mun, Yong
    • The Journal of Korean Medicine
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    • v.18 no.1
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    • pp.126-142
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    • 1997
  • For last four or five years, the number of Korean students have gone on increasing awfully. After the year 1997 when they will flow in, our field and government will be undergone a big shock and social problems. Therefore, thorough grasping and the method of provision is expeced to need. 1. The situation, According to the data published from the year 1993 to 1997, their results are great different. But recent Korean embassy in China examined the situation of the Korean students, whose result was investigated as follows: about 1500 persons, their average age is 24 to 44, the ratio of male and female students is 3 to 1, that of their academic background which is a graduate of university : that of college : that of highschool is 1.6 : 1 : 4.7, and that of their class attitude which is direct : common : indirect appears the percents 30.4 : 52.8 : 16.8. 2. The controversial points (1) A lowering of standards on Chinese medical treatment is expected by the imprudent studying abroad without qualification. And because of excessive production of herb doctors, the amount of treatment may be above people's demand. Besides owing to the impossibility of prediction on the number the counterplans of our government may fall into utler confusion. (2) The curriculum, the teaching schedule and contents are so different that the graduates seem not to be given real education of chinese medicine from the point of Korean view. (3) In the wrong national examination, the important thought of china, and the system of WTO in Korea, when China will become mighty rival above problems contain the negative sides. 3. The counterplans - what should be performed soon. (1) Illegal contents about studying abroadl in China ought to inform sidely that students might not go on increasing. Before they form nam-power, the government and the field of chinese medicine should cope with such a situation together. (2) The law of regulation about agents should be legislated and they should be surpervised. (3) The exact numbers of students, their situation, and the present condition of each university should be examined. (4) After investigating the problems of the present system of national test, its enforcement and many counterplans is requisite. (5) The cooperating confrontation with the conference of dentistry is in need. (6) Since the problems are possibility to be developed to diplomatic questions, the effort of both nations is needful. - what need middle of long time. (1) The effort that suppress the more establishment of the college of oriental medicine is necessary. (2) After comparing with the system of foreign test, the government should make the system of test in accord with the mutualism and the principle of indiscrimination among nations and cope with such a many issues thoroughly.

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A Case Study on the Establishment of Assessment Standards for the Site Selection of Waste Treatment Facility (폐기물 처리시설 입지선정 평가기준 설정에 관한 사례연구)

  • Jung, Jong-Gwan;Jang, Won
    • Journal of Environmental Impact Assessment
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    • v.6 no.2
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    • pp.137-152
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    • 1997
  • The siting process of municipal solid waste treatment facility consists of a structured set of policies that guide the implementation of waste management goals. The main problems of siting process are the social and political context or the community opposition. During the past, the traditional siting process has been obsolete in most pans of the country, so public officials and researchers have tried to experiment with new policies and procedures. A number of controversial issues offer insight into the factors that are related to the local residents opposition to new waste treatment facilities. The purpose of this case study focused on the establishment of criteria in the site selection of waste treatment facilities which can carry out resources recovery. incineration and landfill simultaneously. That is to say. the main points are to make concrete the quantification standards of assignment and take an objective allotment scale according to the assessment factors. The summarized results are as follows; 1. To promote the site selection based on the guideline such as rational. objective and due process of law, it is desirable to inform the local residents the methods of assessment in advance. 2. Totally 20 factors for the site selection are divided into 3 categories such as living environment characteristics, technological location characteristics and socio-economic factors. And the supposed magnitude of weight in all items are equally applied. 3. In regard to 20 assessment factors, the allotment of point is distributed by the specific location characteristics. Namely to make the assessment easily, each factors are set the scale from 1 to 5 points en masse along the data which are acquired in the region.

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Titius-Bode's Relation and Distribution of Exoplanets

  • Chang, Heon-Young
    • Journal of Astronomy and Space Sciences
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    • v.27 no.1
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    • pp.1-10
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    • 2010
  • The distance distribution in our planetary system has been a controversial matter. Two kinds of important issues on Titius-Bode's relation have been discussed up to now: one is if there is a simple mathematical relation between distances of natural bodies orbiting a central body, and the other is if there is any physical basis for such a relation. We have examined, by applying it to exo-planetary systems, whether Titius-Bode's relation is exclusively applicable to our solar system. We study, with the $X^2$ test, the distribution of period ratios of two planets in multiple planet systems by comparing it with that derived from not only Titius-Bode's relation but also other forms of it. The $X^2$ value between the distribution of the orbital period derived from Titius-Bode's relation and that observed in our Solar system is 12.28 (dof=18) with high probability, i.e., 83.3 %. The value of $X^2$ and probability resulted from Titius-Bode's relation and observed exo-planetary systems are 21.38 (dof=26) and 72.2 %, respectively. Modified forms we adopted seem also to agree with the planetary system as favorably as Titius-Bode's relation does. As a result, one cannot rule out the possibility that the distribution of the ratio of orbiting periods in multiple planet systems is consistent with that derived from Titius-Bode's relation. Having speculated Titius-Bode's relation could be valid in exo-planetary systems, we tentatively conclude it is unlikely that Titius-Bode's relation explains the distance distribution in our planetary system due to chance. Finally, we point out implications of our finding.

A study on several points of commercial disputes in international license Agreement (국제라이선스계약이 가지는 상사분쟁의 주요 쟁점에 관한 고찰)

  • Jeong, Heejin
    • International Commerce and Information Review
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    • v.19 no.1
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    • pp.191-210
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    • 2017
  • The old sources of competitive edge and value added were land, labor, and capital. In today's knowledge-based economy in the 21st century, technology is attracting attention as a new engine of growth. That paradigm shift of world economy has resulted in the global spread of technology transfer and the gradual increase of trade of intangible goods including patents and know-how as well as tangible goods in international trade. An international license agreement is a representative form of technology transfer. In license agreements, the providers of technology keep their ownership of technology, allow the implementation of technology to the users of technology only for a certain period of time, and receive loyalty as a reward. Economic profit through such technology trade can be realized with the smooth implementation and termination of agreement. International license agreements are different from sales contracts, which represent international business transaction based on mutual obligation, in many aspects in that they target intangible goods of technology and aim for rent for a certain period of time. This study thus set out to examine issues that could be controversial in the main and individual obligation of the parties in international license agreements and provide implications helpful for the prevention of disputes in advance.

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Overlay Multicast Mechanism Supporting Differentiated QoS According to Service Level and User Environment over NGN (차세대네트워크 환경에서 서비스 등급 및 사용자 환경에 따른 차별화된 QoS를 지원하는 오버레이 멀티캐스트)

  • Rhee, Bo-Young;Cho, Sung-Chol;Han, Sun-Young
    • The KIPS Transactions:PartC
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    • v.15C no.6
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    • pp.557-566
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    • 2008
  • NGN(Next Generation Network) is a communication network which can make use of broadband and QoS-enabled transport technologies. One of the main service issues over NGN is a multimedia service, such as IPTV, using a multicast method. And overlay multicast technology is one of the promising solutions instead of traditional multicast technology which has a few problems, and supports flexibility and scalability for multicast services. Also, the main controversial topic in NGN and overlay multicast is QoS. In the present paper, we designed an agent in each receiver's network, and a manager which is in a source network and which manages the whole multicast network. Both of them are communicating with each other and applying resource policies to their multicast network. This mechanism enables overlay multicast to support QoS, focusing on RACF(Resource and Admission Control Functions) in NGN QoS architecture.

Radical Radiotherapy with Lumpectomy (wide excisional biopsy) for Early Breast Cancer -A Case Report and Review of Literature- (초기 유방함의 근치적 방사선치료)

  • Oh, Won-Young;Whang, In-Soon
    • Radiation Oncology Journal
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    • v.6 no.2
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    • pp.283-288
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    • 1988
  • However, long-term results of retrospective studies suggest that, for the great majority of individuals, mastectomy or conservative surgery with radiation therapy were be equally effective. The results at 5 and 10 years from prospective randomized trials indicate that survival following primary radiation therapy for early breast cancer is equivalent to that fellowing mastectomy. When competently Performed, Primary radiation therapy gives highly satisfactory cosmetic results and acceptably low rates of local tumor recurrence. A number of controversial issues remain concerning patient evaluation and selection and the optimal techniques of treatment, both surgical and radiotherapeutic. In addition, further work is needed to clearity the best way to integrate primary radiotherapy with adjuvant systemic treatment. And further follow-up of these patients with primary radiation therapy for early beast cancer will be required for ultimate proof of the relative merits. A case which was conservative surgery and radical irradiation of early breast cancer with review of literatures will be done.

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Compulsory Licensing as a price control and supply policy of patented drugs : Is it a possible alternative in South Korea? (특허신약의 가격통제 및 공급 정책으로서의 강제실시 : 한국에서의 가능성과 한계)

  • Byeon, Jin-Ok;Chung, Jung-Hoon
    • Health Policy and Management
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    • v.20 no.1
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    • pp.64-86
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    • 2010
  • Korea has had problems with the price and supply of essential drugs such as Gleevec for leukemia, Fuzeon for HIV/AIDS, and Tamiflu for both avian flu and swine flu. The shortage or refusal of patented drugs supply is imposing a heavy burden in not only developing countries but also developed countries. Thinking over the serious results, we need to concern about the limited access to patented drugs by multinational drug companies' patent monopoly especially for pandemic and life threatening diseases. The effective response regarding to pandemic and life threatening diseases. The effective response regarding to pandemic situation requests collaborative and unbiased provisions of all countries in the world, however, sometimes patent monopoly may hinder the efforts. Compulsory licensing has been considered to be a useful alternative to the abuse of patent rights. However, the Korean experiences of compulsory licensing have left some controversial issues in connection with the availability of it in Korea. 'Flexibility' allowed in TRIPS and Doha Declaration has not come into effect in Korea for several reasons. Although the situation shows the limitations of compulsory licensing as a pharmaceutical supply policy, it is clear that compulsory licensing still has the possibilities of enhancing the access to medicines of all countries in need. Through searching the institutionalization process and experiments of compulsory licensing in Korea, this article explores the possibilities and the limits.

Selenium in Food Chain and Animal Nutrition: Lessons from Nature -Review-

  • Lyons, M.P.;Papazyan, T.T.;Surai, P.F.
    • Asian-Australasian Journal of Animal Sciences
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    • v.20 no.7
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    • pp.1135-1155
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    • 2007
  • Selenium is considered to be one of the most controversial trace elements. On the one hand, it is toxic at high doses and there is a great body of information related to environmental issues of Se contamination. On the other hand, Se deficiency is a global problem related to an increased susceptibility to various diseases of animals and humans and decreased productive and reproductive performance of farm animals. Optimisation of Se nutrition of poultry and farm animals will result in increased efficiency of egg, meat and milk production and even more important, will improve quality. From the data presented in the review it is clear that the main lesson which we have to learn from nature is how to use organic selenium in animal and human diets. Selenium-enriched yeast (Sel-Plex) is the result of such a lesson and it is just a matter of time before animal nutrition moves completely from using ineffective sodium selenite to organic selenium. Other lessons from nature will follow. Recent advances in genomics and proteomics, in association with descriptions of new selenoproteins, will be a driving force in reconsidering old approaches related to Se nutrition. Probably 90% of all Se research has been conducted with sodium selenite and we now understand that the natural form of selenium is different. The main advances in Se status assessment and Se requirements were established based on the activity of glutathione peroxidase (GSH-Px), an enzyme which for many years was considered to be the main selenoprotein. Recently it was discovered that it is only one of at least 25 various selenoproteins. Se research and practical applications are developing quickly and they are very exciting and promising.