• Title/Summary/Keyword: Duplicated Sanctions

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An Empirical Study on the Possibility of Duplicated Sanctions in Bid-rigging on Construction Projects (건설공사 입찰담합의 중복제재 가능성에 관한 실증연구)

  • Shin, Young-Su;Cho, jin-Ho;Kim, Byung-Soo
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.2
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    • pp.50-58
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    • 2023
  • Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

Contents Analysis on the Media about Problems of Long-Term Care Facilities (노인요양시설 사건사고에 관한 미디어 내용 분석)

  • Chin, Young-Ran;Lee, Hyo-Young
    • The Korean Journal of Health Service Management
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    • v.7 no.1
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    • pp.119-131
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    • 2013
  • The purpose of this study is to analyze contents on media about the problems of long-term care facilities. For achieving this purpose, we reviewed 'KINDS(http://www.kinds.or.kr/)' from July, 2008 to May, 2012 which was an synthetic newspaper and TV news searching system. Among 320 articles, we finally analyzed 72 articles: 218 articles were duplicated and 30 articles did not directly related or were not objective. The results were divided with seven parts: 'long-term care facilities', 'employee' 'health care and accidents', 'providing and management of service', 'meals related problems', 'maltreatment of client', 'disorders & unfairness long-term care benefit. Among these seven parts, we could confirm specific and major problems, which were lack of safety management, incompleteness facilities & equipments, shortage of long-term care manpower, insufficient service providing low quality of service, hiding money from elderly's accounts, and providing some money to get national subsidies. For resolving these problems, the long-term service guidelines must be prepared and the related facilities must cooperate each other for providing high quality of service. In addition, the efficient systems must be made to find out long-term care problems and unfairness of service providing and strict management rules or sanctions must be needed.