• 제목/요약/키워드: Decision of Enforcement

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소비자보호를 위한 자동차결함제도의 개선연구 (A Study of Korean Vehicle Recall System Reforms)

  • 윤영한;류병운;박수헌
    • 자동차안전학회지
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    • 제7권4호
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    • pp.31-38
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    • 2015
  • In the United States, when NHTSA initiates the vehicle defect investigation, the most of automotive manufactures voluntary start their vehicle's recall campaign immediately. However, in the domestic market, NGOs, medias and even the National Assembly complaint the attitude of domestic and foreign makers tendencies of retardation of recall campaign. Also there were criticism for the manufacturer's concealing or downsize of their vehicle defects to the publics. In general, the manufactures may wait until MLIT's decision to recall orders. Therefore, in this study, from the survey of foreign countries legal recall systems and it is recommended reinforcement of the current vehicle management law to promote more frequent voluntary recall campaign from makers. In this study, it is also includes summarize all previous recall related research works and proposes the more stringent regulations to punish of concealing or downsize their vehicle safety defects.

TCA 분석 TOOL 개발과 농가비용 비교분석 (Development of TCA Method for Cost Analysis in Farmhouse)

  • 윤성이
    • 한국유기농업학회지
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    • 제12권1호
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    • pp.23-44
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    • 2004
  • TCA(Total Cost Assessment) can be defined by a tool to evaluate actual profit about investment. Also, It can be used by method to make more reasonable decision-making in business. Enforcement of 'direct payment system' for environment friendship farmhouse of government is spreading recent times. But, it is true that it is no definite standard about appropriation of disbursement amount of money. TCA method can be utilized usefully for solution of these problem. Also, It will help to decide price grasping invisible cost and environment cost. Therefore, We tried that may can apply TCA theory in farmhouse class, and attempted economic performance estimation which use this. This study introduces TCA theory and developed applicable expense list in agriculture field. Also, We applied TCA theory to farmhouse. This theories referenced domestic and th6 foreign countries, connection literature. But, It handled part about invisible cost and social cost etc..

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중국(中國) CIETAC의 중재제도(仲裁制度)와 한중양국(韓中兩國)의 주요중재문제(主要仲裁問題) (A study on the Arbitration system in the CIETAC and the International Arbitration problems of Korea and China)

  • 김덕수;주건림
    • 한국중재학회지:중재연구
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    • 제8권1호
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    • pp.87-122
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    • 1998
  • This study reports on the Arbitration system in the China International Economic and Trade Arbitration commission (CIETAC) and the International Arbitration problems of Korea and China. The Chines laws including Arbitration laws are influenced by the civil Code system Particulary the German system. China is contracting state of the U N Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention), which became effective in the China April 22, 1987. International Commercial Arbitration is popular in China. CIETAC is the sole International Commercial Arbitration body in China. CIETAC has two sub-commissions, on is shen zhem S E Z and the other in shanghai. The CIETAC rules, are similar to the rules in effect in Countries using a civil Code system. Both an agreement to submit an existing dispute to Arbitration and an Arbitration clause in a contract relating to future disputes are recognizeal as valiad Arbitration agreements. CIETAC has the power to make a decision on disputes concering the validity of the Arbitration agreements, or jurisdiction over a specicific case.

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End-of-Life Care Practice in Dying Patients after Enforcement of Act on Decisions on Life-Sustaining Treatment For Patients in Hospice and Palliative Care or at the End of Life : A Single Center Experience

  • Jin, Sol;Kim, Jehun;Lee, Jin Young;Ko, Taek Yong;Oh, Gyu Man
    • Journal of Hospice and Palliative Care
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    • 제23권2호
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    • pp.93-102
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    • 2020
  • Purpose: The Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life came into force in February 2018 in Korea. This study reviews the practices of end-of-life care for patients who withdrew or withheld life-sustaining treatment at a tertiary care hospital, addresses the limitations of the law, and discusses necessary steps to promote patient-centered self-determination. Methods: We retrospectively analyzed the medical records of patients who died after agreeing to withhold life-sustaining treatment in 2018 at our university hospital. The cause of death, the intensity of end-of-life care, and other characteristics were reviewed and statistically analyzed. Results: Of a total of 334 patients, 231 (69%) died from cancer. The decision to stop life-sustaining treatment was made by family members for 178 patients overall (53.3%) and for 101 (43.7%) cancer patients, regardless of the patient's wishes. When the patient decided to stop life-sustaining treatment, the time from the authorization to withhold life-sustaining treatment to death was longer than when the decision was made by family members (28.7±41.3 vs 10.5±23.2 days, P<0.001). Conclusion: In many cases, the decision to discontinue life-sustaining treatment was made by the family, not by the patient. In order to protect human dignity based on the patients' self-determination, it is necessary for patients to understand their disease based on careful explanations from physicians. Ongoing survey-based research will be necessary in the future.

의사결정나무기법을 이용한 노인장기요양보험 등급결정모형 개발 (A Determining System for the Category of Need in Long-Term Care Insurance System using Decision Tree Model)

  • 한은정;곽민정;강임옥
    • 응용통계연구
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    • 제24권1호
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    • pp.145-159
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    • 2011
  • 노인장기요양보험은 2008년 7월에 시작된 이후 제도의 안정적 정착과 발전을 위해 여러 가지 면에서 보완해야할 부분이 많은 상태이다. 그 중에서도 장기요양급여의 진입장벽을 결정하는 등급결정모형을 지속적으로 보완하는 것이 가장 중요하다. 본 연구는 제도 시행 이후 급속히 변화하는 장기요양 시장의 현실을 등급결정모형에 반영하고자 제도 도입 이후의 자료를 활용하여 등급결정모형을 구축하여 현행 모형을 보완하고자 하였다. 등급결정모형을 개발하기 위해 데이터마이닝 기법 중 의사결정나무기법을 활용하였으며, 이것은 현행 모형과 비교가 용이하도록 하기 위한 것이다. 이 모형은 기능상태가 나쁜 사람일수록 장기요양서비스량이 많을 것이라는 가정을 전제로 하고 있으며 장기요양서비스량을 서비스 제공시간으로 보았다. 이 연구는 변화된 현실을 충분히 반영하기 위해 등급결정모형을 보완 하였다는 점에서 의의를 갖는다. 그러나 향후에도 서비스 인프라, 급여 이용자의 특성 등 계속 변화하는 환경을 반영하여 등급결정모형을 보완하고 발전시키는 것이 지속적으로 필요하다고 본다.

중재계약의 법적 효력에 관한 연구 (A Study on The Legal Effect of Arbitration Agreement)

  • 박종삼
    • 한국중재학회지:중재연구
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    • 제19권3호
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    • pp.25-42
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    • 2009
  • That occur in international trade disputes between the parties without resorting to a court trial on the basis of principle of government by the parties to resolve the dispute resolution in general (Alternative Disputes Resolution: ADR) agreed to, reconciliation, coordination, mediation and other methods are. Here, unlike arbitration and other dispute resolution arbitrator, the court confirmed the arbitration award came from the judge and the same shall become effective in doing international commerce dispute resolution methods are widely used. Arbitration Agreement is a contractual dispute, regardless of whether a certain law there arise about the relationship between the parties, Currently exists, future conflicts can arise in whole or in part by the arbitration agreement is to be resolved. Arbitration agreement include: the effects of out of contract arbitration proceedings, the court does not want the progress of the dispute referred to arbitration proceedings to the effect, and the presence of the parties to the arbitration agreement does not claim to knowing the defense plea that Appeals ticket of destruction that have the effect of demurrer, that the arbitration agreement are rebuttal to the rebuttal of prozesshindernde Einrede and the mediation of a plea on the merits when the first defense must be submitted to the arbitration proceedings in which the applicant until the arbitration award determined that the property dispute to court for water conservation measures to dispose of the watch was in effect for arbitration in the contract. In addition, the arbitration agreement and the court sentenced the same kinds of effects that resolved the final effect, especially at the same time the effect of foreign recognition and enforcement of the decision regarding the New York Convention arbitration award based on the recognition and enforcement of domestic and international effects are being recognized. Consequently, the arbitration agreement to take effect a valid arbitration agreement exists is determined by whether or not staying. Therefore, agreements between individual university entrance exams based on the company signed a contract regarding the effect of arbitration first, associated with individual university entrance exams, and the leading research and analysis, review, and examine the general concept of the arbitration agreement after the arbitration agreement between the parties focuses on information about the effects of study to contribute to the activation of the arbitration system is aimed at the individual university entrance exams.

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신호교차로에서 무인교통단속 규제에 따른 주행 특성 (Driving Behavior Characteristics under Red Right Camera Enforcement at Signalized Intersections)

  • 한명주;이숭봉;김혜원;이영인;김상옥
    • 한국도로학회논문집
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    • 제18권5호
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    • pp.63-73
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    • 2016
  • PURPOSES : The objective of this study was to analyze variations in the vehicle driving behavior characteristics on signalized intersections according to the use of traffic enforcement camera (red light camera). METHODS : In order to analyze the driving behavior characteristics on signalized intersections when red light camera are installed, the target sites for investigation were selected depending on whether the red light camera is installed and accident rates increased after the installation. In particular, to analyze the characteristics of dilemma zones in signalized intersections, approach speed and deceleration speed of 3 type vehicles (passing vehicles during a yellow light, stopping at a yellow light, passing vehicles during a green light) were examined. Based on these data, the starting point, ending point, and distance of the dilemma zones were calculated. Also, the locations of increased traffic accidents and decreased accidents after the installation of the equipment were distinguished when analyzing the traffic accident characteristics. RESULTS : Analysis results revealed that there was a tendency for the dilemma zone distance to decrease after the installation of equipment(red light camera) in most sites. This tendency was found to be due to the decrease in the approaching speed of vehicles at intersections after the installation of equipment, resulting in the starting and ending points of dilemma zone to become closer to the stop line. Moreover, analysis showed that the number of traffic accidents decreased for most intersections after the installation of equipment and safety of the intersections increased somewhat. CONCLUSIONS : In general, installation of equipment(red light camera) caused the intersections approaching speed and dilemma zone distance to decrease. Decision-making is difficult for drivers in the dilemma zone, so the decrease in the dilemma zone distance implies an improvement in traffic safety. Furthermore, the number of accidents within intersections significantly decreased after the equipment was installed, leading to the conclusion that installation of the equipment affected the decrease in traffic accidents.

기록물 보존장소 변경에 따른 제도개선 방안 공공기록물법령을 중심으로 (Plan to Improve the System According to the Change of Records Preservation Place : Focused on the Regulation for Public Records)

  • 임진수
    • 기록학연구
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    • 제63호
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    • pp.269-299
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    • 2020
  • 2014년 11월에 개정된 공공기록물법 시행령 제30조(보존장소)로 인해 영구기록물관리기관(국가기록원)의 장이 지정한 기록물은 기록관(특수기록관)에서도 계속 보존·관리할 수 있게 되었다. 이러한 변경 조치가 이루어질 경우 해당 기록관들은 보존기간 30년 이상 기록물의 보존 대책을 마련하고, 관리에 관한 제반 업무를 추가적으로 수행하여야 하는 등 기존과는 다른 운영 및 보존관리체계를 구축하여야만 한다. 하지만 보존장소 변경에 관한 대상선정 기준(사료적 가치)이 다소 모호하고, 지정 절차가 마련되어 있지 않으며, 기록관의 변화를 지원할 수 있는 법적 근거도 부재한 상황이어서 추가 개선이 요구된다. 이에 본고에서는 국가기록원의 보존장소 변경 조치 현황과 해당 기록관들의 운영 실태를 살펴보고, 공공기록물법령을 중심으로 보완 및 개선사항들에 대하여 제안해 보고자 한다.

국내 배출권거래제 시행에 따른 전자부품산업 대응방안 연구 (A Study on Countermeasures of Electronic Component Industry according to Korean Emission Trading Scheme Enforcement)

  • 최은경;임호선;이민영;신승철
    • 한국기후변화학회지
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    • 제5권4호
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    • pp.331-338
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    • 2014
  • The continued efforts to reduce GHG emission by international cooperation and each country are in progress. As part of these efforts, Korea's ETS is enforced in 2015. This was the time to make strategies for each company to respond Korea's ETS. This study was performed to suggest a draft of basic strategies for electronic component industry in current Korea's ETS stage are as follows; - Analyzing the nature of electronic component industry - Identifying needs for corresponding ETS of electronic component industry - Analyzing basic countermeasures for each stage of ETS - Suggesting drafts of basic strategies for electronic component industry in current Korea's ETS stage The result of this study, the current stage of Korea's ETS is moving from implementation of the scheme become determined and prepare the minimum corresponding to direct corresponding to the regulation and market change. Electronic component industry has many GHG emission growth(or change) factor, and it will be make electronic component industry as a buyer when Korea's ETS is enforced. Korea's ETS will be clearly act as a regulation rather than new business for electronic component industry. Therefore, identifying the Korea's ETS as a regulation is resonable strategy for corresponding the scheme. The basic strategies of electronic component industry th responding Korea's ETS are as follows; - Building internal organization and decision-making system before enforcement the Korea's ETS - Establishing internal basic corresponding strategies according to carbon price forecast scenarios - Considering the energy consumption and GHG emissions in design phase and preparing the global ETS market in mid or long term.

공서양속에 반하는 중재판결: 경제제재에 대한 분석을 중심으로 (Arbitration awards against public policy; in regards to economic sanctions)

  • 한수민;김진비;이재혁
    • 한국중재학회지:중재연구
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    • 제34권1호
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    • pp.27-50
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    • 2024
  • This paper examines issues concerning conflicts between arbitral awards and public interests, particularly with respect to economic sanctions. Sanctions have been widely used by political entities, such as States and organizations, as means to promote public interests and to resolve cross-border disputes. In particular, economic sanctions have been increasingly more visible in recent years due to the accelerating fragmentation of the international communities, and their magnitude and range of the impacts have grown accordingly. For example, the U.S. and the EU have imposed economic sanctions on Russia and related persons in response to Russia's invasion of Ukraine. The U.S. recently re-introduced a comprehensive economic sanction on Iran. One of the notable impacts of the sanctions, particularly economic sanctions, is that on international arbitration. Sanctions are essentially built on the notion of the protection of public interests, and public interests are some of the few grounds upon which recognition and enforceability or arbitral awards may be rejected. However, jurisprudence on such conflict between sanctions and arbitral awards have not been sufficiently addressed in Korea because court case and administrative decision records on this conflict have not been sufficiently accumulated. In this regard, this paper begins with offering a survey of the concept of public interests, economic and trade sanctions, arbitral awards and their enforceability, and the relationships between them. It then examines the mechanism upon which public interests, trade and economic sanctions may lead certain arbitral awards unenforceable. Next, the paper suggests judiciaries' balanced approach toward the public interests protected by trade and economic sanctions and the predictability and fairness in the enforcement of arbitral awards. Finally, this paper concludes with the methods of the implementation of such balanced approach.