• Title/Summary/Keyword: Enforcement

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A Study on the Reform Measures for the Act on the Acqusition of Land for the Public Undertakings and Compensation : Focused on the Case of Harbor Construction ("공익사업을 위한 토지 등의 취득 및 보상에 관한 법률"에 의한 어업보상 적용사례와 문제점 및 개선방안에 대한 연구 : 항만 개발사업을 중심으로)

  • Moon, Jeong-Gab;Kang, Yong-Joo
    • The Journal of Fisheries Business Administration
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    • v.37 no.3 s.72
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    • pp.85-108
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    • 2006
  • The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

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Tobacco Control Law Enforcement and Compliance in Odisha, India - Implications for Tobacco Control Policy and Practice

  • Panda, Bhuputra;Rout, Anita;Pati, Sanghamitra;Chauhan, Abhimanyu Singh;Tripathy, Asima;Shrivastava, Radhika;Bassi, Abhinav
    • Asian Pacific Journal of Cancer Prevention
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    • v.13 no.9
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    • pp.4631-4637
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    • 2012
  • Introduction: Tobacco use is a leading cause of deaths and disabilities in India, killing about 1.2 lakh people in 2010. About 29% of adults use tobacco on a daily basis and an additional 5% use it occasionally. In Odisha, non-smoking forms are more prevalent than smoking forms. The habit has very high opportunity cost as it reduces the capacity to seek better nutrition, medical care and education. In line with the WHO Framework Convention on Tobacco Control (FCTC), the Cigarettes and Other Tobacco Products Act (COTPA) is a powerful Indian national law on tobacco control. The Government of Odisha has shown its commitment towards enforcement and compliance of COTPA provisions. In order to gauge the perceptions and practices related to tobacco control efforts and level of enforcement of COTPA in the State, this cross-sectional study was carried out in seven selected districts. Materials and methods: A semi-structured interview schedule was developed, translated into Odiya and field-tested for data collection. It mainly contained questions related to knowledge on provisions of section 4-7 of COTPA 2003, perception about smoking, chewing tobacco and practices with respect to compliance of selected provisions of the Act. 1414 samples were interviewed. Results: The highest percentage of respondents was from the government departments. 73% of the illiterates consumed tobacco as compared to 34% post graduates. 52.1% of the respondents were aware of Indian tobacco control laws, while 80.8% had knowledge about the provision of the law prohibiting smoking in public places. However, 36.6% of the respondents reported that they had 'very often' seen tobacco products being sold 'to a minor', while 31.2% had seen tobacco products being sold 'by a minor'. In addition, 24.8% had 'very often' seen tobacco products being sold within a radius of 100 yards of educational institutions.

The Current Situation of Construction Arbitration and Suggestions to Increase its Use in Korea (우리나라의 건설중재 현황과 활성화 방안)

  • Chae Wan-Byung
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.243-279
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    • 2004
  • The construction arbitration field has developed considerably since the latter half of the 1990s. Through analysis of construction arbitration cases taken up by KCAB, this paper intends to show the present condition and the improvement direction of construction arbitration in Korea. The number of construction arbitration cases filed at KCAB has been increasing rapidly after 1997, but recently the rate of increase has tended to decline. From 2000 to 2003 the number of arbitration cases increased 23% each year, on average, but in 2003 the increase was only 7.6%. In the very beginning, public construction claims made up the majority of all construction cases, however, civil construction claims are increasing gradually. The arbitration amount in the construction field is very high, owing to public construction claims. For example, the arbitration amount per case was 5 billion won, on average,. in the public construction field. It is shown that the claimants of arbitration are mostly constructors and the main reasons for making claims are to demand payment for construction and payment for additional work. KCAB investigated the performance status of arbitration awards. The voluntary performance rate for awards in construction arbitration is nearly 80% and in 11%, a suit was filed to appeal the arbitration award. In spite of the development of construction arbitration, some improvements are requested. There have been arguments about the effectiveness of selective arbitration agreement in the General Terms of Construction Contract. This has caused a decrease in arbitration cases, so improvements in this dispute settlement clause need to be made. Enforcement of arbitration awards is granted by the judgment of a court. Resulting from this, appeals for arbitration awards are not allowed, however, up to three appeals for the enforcement of awards are allowed in court. As such, the enforcement system for arbitration awards needs to be improved and simplified.

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New Zealand's Catch Balancing Regime: A Model of Enforcement Strategies (뉴질랜드 어획량 균형 제도: 시행전략모델)

  • Nam, Jongoh;Dobrot, Gabriela
    • Environmental and Resource Economics Review
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    • v.17 no.4
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    • pp.775-812
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    • 2008
  • This paper provides a theoretical approach to the New Zealand's Catch-Balancing Regime (CBR) with a reporting requirement under the Individual Transferable Quota (ITQ) system. The enforcement strategy depicted draws on recent literature regarding practical applications of the Revelation Principle. New Zealand's use of CBR-specific instruments such as deemed values, remains to be improved. However, some of its features can constitute a valuable example for regulators seeking to improve their methods of dealing with issues as bycatch or overfishing in order to maintain Total Allowable Catch (TAC) levels under emerging ITQ systems. The enforcement strategy analyzed has the potential to provide a more sustainable and efficient management of the fish stock, reduce discarding and stabilize monitoring costs, while improving the level of reporting compliance.

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A Study on the Design Characteristic about Public Space of Privately-built Apartment Housing after the Enforcement of Price Deregulation - Focused on the high rise apartment in Daegu - (분양자율화 이후 민영아파트 주동 공용공간의 디자인 특징 - 대구광역시 고층.초고층아파트를 중심으로 -)

  • Seo, Hee-Sook;Lee, Sang-Hong
    • Journal of the Korean housing association
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    • v.21 no.1
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    • pp.79-88
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    • 2010
  • The purpose of this study is to examine the design characteristic about the public space of privately-built apartment housing after the enforcement of price deregulation in Daegu. The public space of the multi-family housing is monotonous and closed according to the position of an elevator and a stair hall by the 1990's. However, the housing has been gentrified since 2000 because of demands of residents and purpose for selling in lots. Thus, the recognition of the apartments has changed and this change has led to extend the living territory and magnify the role of the public space where help interact with neighbors. This study is based on the survey of thirty nine apartment complex. Also, by using an analysis derived from a precedent study, design elements in approach and interior space of apartment residents are comprehended. The characteristic of the porch is researched and divided according to a roof of porch, form as the door, material of roof, wall, the ceiling and floor. Interior space is analyzed by several elements; forms of core, forms, materials and lights of ceiling, materials of walls and floors, existence and nonexistence of windows, and extra interior components etc. As a result of the study, After the enforcement of price deregulation, the public space of apartments has had improved quality in materials and design and the community center for residents such as waiting rooms and spots facilities has appeared. However, the traffic line of interior space has been very intricate. Also, sports facilities and waiting areas are limited to some apartments.

The Economic Analysis of the Determination of Optimal Management Measures and Level of Control in Fisheries Management (불완전 어업관리의 합리적 관리수단 및 규제수준의 결정에 관한 경제학적 분석)

  • 이상고;김도훈
    • The Journal of Fisheries Business Administration
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    • v.33 no.2
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    • pp.31-48
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    • 2002
  • This paper is aimed to analyze how to evaluate the choice of optimal management measures and level of control in fisheries management under the costly and imperfect management system by comparing with costless and perfect management system that is commonly assumed in the analysis of fisheries regulations. Fishermen would set the level of fishing efforts at the point where the marginal fishing profit for fishing effort is equal to the marginal level of fine under costly and imperfect management system. Therefore, under the case where the marginal fishing profit is higher than the marginal level of fine, the level of fishing efforts would be made at the point which is higher than the level of fishing efforts made under costless and perfect management system and is not a point where the economic profit is maximized in regulated fisheries. From this conclusion, the fishermens avoidance activities against regulations as well as the level of control in fisheries management substantially have an influence on the choice of fisheries management instruments. According to the analysis of optimal fisheries management policy, the economic profits in regulated fisheries are determined by the level of fisheries enforcement costs and total fishing profits, in which as enforcement costs increase the economic profits decrease. In addition, the economic profits vary in response to the level of control in avoidance activities. That is, as avoidance costs decrease, the economic profits increase. The determination of optimal level of control in fisheries management should be made at the point where the marginal regulation costs are equal to the marginal profits from regulated fisheries, in which marginal regulation costs are different according to the type of management measures. And the level of profits changes in response to different levels of avoidance activities. The management measure that can maximize the difference between the marginal regulation costs and marginal profits from regulated fisheries should be chosen as an optimal fisheries management instrument.

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The Enforcement Scheme of the Overspeeding vehicle by Travel Speed (구간과속단속시스템의 도입 방안 연구)

  • Han, Won-Seop;Kim, Man-Bae;Hyeon, Cheol-Seung;Yu, Seong-Jun
    • Journal of Korean Society of Transportation
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    • v.23 no.1
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    • pp.21-32
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    • 2005
  • At present automated speed enforcement system in Korea control overspeed vehicle only in the specific spot. Because the drivers generally recognize the previous stated fact, they reduce a speed only in the establishment location of systems and increase rapidly again as soon as it passes the location. we have known that the rate of traffic risk at the tunnel, bridge and curve road segment is higher than other road section. Therefore, it needs speed control in them. In such a case, it is necessary to establish the automated traffic enforcement system based on the travel time speed of an individual vehicle over a pre defined stretch of road. In this study, the application limit of existing spot overspeed enforcement system was studied through an analysis of traffic flow characteristics in the tunnel, bridge and curve section. Also we found out the optimal distance of segment and the most suitable location to an application of the overspeed vehicle by travel time speed through an analysis of the road structure, traffic condition and accident numbers in the road.

The Effectiveness of Quality Control of 119 Emergency Medical Services on Survival Rate of Cardiac Arrest Patients (119구급서비스 품질관리가 병원 전 심정지 환자의 생존율에 미치는 영향)

  • Jung, Eun-Kyung;Yun, Hyeong-Wan
    • The Korean Journal of Health Service Management
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    • v.7 no.1
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    • pp.21-34
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    • 2013
  • Hospitals in Korea are enforcing a quality control over 119Emergency Medical Services to increase the survival rate of Out of Hospital Cardiac arrest patients. This study is to analyze the factors that effect the survival rate of Out of hospital Cardiac arrest patients by comparing the results of before and after the quality control enforcement. Cardiac arrest patients can be assorted into pre-decision group and decision group. The study analyzed the survival factors which was based on the adequate use of 119 BLS and ACLS usage rates, response time of 119EMS, qualification of ambulance worker, number of EMS team members, and adequate use of AED according to ECG diagnosis. The analyzation was done over total 1,233 of Cardiac arrest patients from January 1, 2010 to December 31, 2011 After the enforcement of the quality control, the usage of Vital sign check and BLS showed a big difference. Especially, as the usage of ECG showed a significant difference, Shockable rhythm, which is the most important to Cardiac arrest patients, also showed a significant difference. After the enforcement of quality control, the performance of ACLS showed a significant difference in IV. The study showed 119 ambulance workers provided better service in Vital sign and BLS and ACLS after the enforcement of quality control. It is considered a 119 ambulance service effects the survival rate of Cardiac arrest patients. Therefore, it can increase the survival rate and it is necessary to continue a quality control.