• Title/Summary/Keyword: Environmental violation

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How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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A Study on The Rational Decision-Making Support for Solving Conflicts through Analysis of Game Theory -Focused on Jirisan National Park - (게임이론 분석을 통한 갈등해결의 합리적 의사결정 지원에 관한 연구 -지리산국립공원에 대하여 -)

  • Kim, Eui-Gyeong;Kim, Dong-Hyeon;Shin, Hye-Jin;Kim, Dae-Hyun
    • Journal of Korean Society of Forest Science
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    • v.97 no.6
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    • pp.669-679
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    • 2008
  • Jirisan National Park was designated on December 29, 1967 as the first national park in Korea and that caused continuous conflicts between the violation of the right to hold property in this area due to several regulations following the designation and the nature preservation for the value of heritage for descendants. Thus, the objective of this study is to find a proposal for making decision based on the rationality that is able to solve these conflicts. To achieve the objective of this study, this study applies a game theory that supports a reasonable decision making process for solving these conflicts between interest groups around Jirisan National Park in which the component of this game consists of Jirisan National Park, residents, and interest groups. The Nash equilibrium obtained by the analysis of the strategy of interest groups for the use and preservation of forests and its rewards from the strategy as an nonecooperative game showed a behavior that chases their own benefits and causes lots of troubles. However, in the case of the results obtained from a cooperative game based on the strategy that includes some public interests accepted by interest groups and its rewards, it represented an aspect that solves conflicts through achieving a strategical set, which shows a win-win outcome even though the results of this cooperative game may present less rewards than that of the Nash equilibrium. Whereas, if there exists the public interests accepted by interest groups and truth for protecting such public interests, it is considered that it becomes a way that solves present structural troubles in the National Parks in Korea due to the fact that there exist uncertainties caused by the human rationality.

On the Critical Relative Displacement between Pile Shaft and Surrounding Soil (말뚝주변 마찰력과 한계상대변위)

  • Kim, Myoung Mo;Shin, Eun Chul;Ko, Hon Yim
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.9 no.2
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    • pp.107-114
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    • 1989
  • Model pile pull-out tests have been executed to investigate the characteristics of the critical relative displacement at which the critical pile skin resistance is mobilized. Test result shows that the critical relative displacement is neither constant nor pile size dependent, but it is the most closely related with the magnitude of the critical skin resistance. The empirical relationship between the two quantities has been established. Behavior of centrifuge physical models of skin-resistance-related problems has been investigated on a quantitative basis by a computational method. A pile downdrag problem has been employed as an example of the skin-resistance-related problems. A simple transfer function type method has been developed for the analysis of the downdrag. It is concluded from the analysis that centrifuge physical modeling of skin-resistance-related problems may lead to an erroneous result on an unconservative side, as may have been expected due to the violation of the similarity rule by the quantity of the critical relative displacement.

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A Study on the Measures on the Decrease of the Traffic Accidents Based on the Attitude Changes of Intra-City Bus Drivers Following the Implementation Semi-Public Management System of Intra-City Bus (시내버스 준공영제 시행에 따른 시내버스 운전자의 운전태도 변화에 근거한 교통사고 저감대책 방안에 관한 연구)

  • Choi, Jae Won;Jung, Heon Young;Jang, Seok Yong;Ko, Sang Seon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.1D
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    • pp.33-42
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    • 2011
  • The types of the accidents caused by intra-city buses and the changing tendencies of driving attitudes are analyzed before-and-after semi-public management system of intra-city bus system is implemented. On the basis of analysis, the measures on the decrease of traffic accidents are considered and the results are as follows. First, it showed that the traffic accidents decreased generally as a result of definition of the progresses of traffic accidents of intra-city buses before-and-after the system is implemented and with the passing of time after the system was operated. Second, the factors which influence the decrease of traffic offenses before-and-after semi-public management system of intra-city bus are the decease of violation, safe driving duty and the job security. Also the cause which mostly influence to the decrease of traffic accidents is defined. Finally, the measures of decrease of traffic accidents are arranged and proposed as a result of PROXSCAL method.

Development of 2-D Water Quality Management Model by Using Reliability Analysis (신뢰도 해석기법을 이용한 2차원 수질관리모형의 개발)

  • Kim, Sang-Ho;Han, Kun-Yeun;Kim, Won;Choi, Hung-Sik
    • Journal of Korea Water Resources Association
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    • v.35 no.5
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    • pp.463-474
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    • 2002
  • A two-dimensional water quality management model, Unsteady/Uncertainty Water Quality Model(UUWQM), is developed for a hydrodynamic analysis, an advection-diffusion analysis, and a reliability analysis by using uncertainty technique. The model is applied to the 35 km reach of Sungju to Hyunpoong in the midstream of Nakdong River. 2-D hydrodynamic and water quality analyses are peformed in this reach. Important input variables are decided by sensitivity analysis and verified by Monte Carlo method. Frequency distributions of water quality concentrations are computed from MFOSM method and Monte Carlo method at several locations in this study area. A water quality management system is constructed by calculating the violation probabilities of existing water quality standards.

X3D Based Web Visualization by Data Fusion of 3D Spatial Information and Video Sequence (3D 공간정보와 비디오 융합에 의한 X3D기반 웹 가시화)

  • Sohn, Hong-Gyoo;Kim, Seong-Sam;Yoo, Byoung-Hyun;Kim, Sang-Min
    • Journal of Korean Society for Geospatial Information Science
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    • v.17 no.4
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    • pp.95-103
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    • 2009
  • Global interests for construction of 3 dimensional spatial information has risen due to development of measurement sensors and data processing technologies. In spite of criticism for the violation of personal privacy, CCTV cameras equipped in outdoor public space of urban area are used as a fundamental sensor for traffic management, crime prevention or hazard monitoring. For safety guarantee in urban environment and disaster prevention, a surveillance system integrating pre-constructed 3 dimensional spatial information with CCTV data or video sequence is needed for monitoring and observing emergent situation interactively in real time. In this study, we proposed applicability of the prototype system for web visualization based on X3D, an international standard of real time web visualization, by integrating 3 dimensional spatial information with video sequence.

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Red Light Violations Analysis Using Statistical Methods - in case of Chungbuk 4-Legged Signalized Intersections - (통계적기법을 이용한 신호위반 분석(충청북도 4지 신호교차로를 중심으로))

  • Park, Jeong-Soon;Kim, Yun-Hwan;Jung, Woo-Teak
    • International Journal of Highway Engineering
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    • v.12 no.3
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    • pp.49-57
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    • 2010
  • This case study investigated red light violations at CBD, suburban and rural signalized intersections in chungbuk. The goal of this study is to understanding the collection between red light violations and various driver, vehicles and environmental factors. This study uses descriptive statistics analysis and logistics analysis with SPSS 12.0 software. The major results of this study are as follows. First, red light violations occurred at rural and CBD more than suburban area. Second, About 81.1% of the violators were traveling at or below the posted speed limit. Moreover, 77.3% of the violations occurred within 2 seconds after the on set of red light. Finally, the logistic regression model, which is statistically significant(chisquare=0.000, McFadde=0.265)was developed, and includes the local type(CBD/suburban/rural), violators' gender, season, vehicle type, time of day, vehicle speed as the independent variables. In this study did not find significant relationship between red light violators' age and their driving behavior approaching signalized intersections.

A Comparative Study on the Legal System for Risk Assessment in the Workplace (사업장 위험성평가에 관한 법제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.304-316
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    • 2021
  • Objectives: By comparing and analyzing the legal system for risk assessment in South Korea with other advanced countries, the study is designed to identify the key elements of risk assessment and seek improvement measures while focusing on solutions to the execution of risk assessment violations. Methods: The study started with an awareness of the need to improve the legislation on the risk assessment of businesses in Korea. In order to reflect this problem consciousness in Korea's industrial safety and health legislation, risk assessment legislation in Japan, Britain, Germany, and Korea was analyzed in comparative terms through the literature. Results: Unlike the other advanced countries, the concept of risk assessment is defined in Korea in a broad sense that includes measures to reduce risk, and risk assessment in the manufacturing and design stages is not institutionalized. In the case of worker participation, there is a problem regarding effectiveness. It is problematic that compared to the other foreign countries there is a possibility that general risk assessment will be neutralized because it is recognized as a uniform general risk assessment for a particular risk assessment, as well as inadequate risk assessment. Conclusions: The areas diagnosed with problems compared to the legislation in other advanced countries should be improved by revising laws and administrative rules and supplementing the explanatory guidelines, etc. by referring to the legislation of these countries. In particular, the issue of enforcement for violations of risk assessment must be improved in order to ensure the effectiveness of risk assessment.

A Study on the Change of Traffic Accidents Around the Pedestrian Priority Zone (보행자 우선도로 개선 사업으로 인한 교통사고 변화에 대한 연구)

  • JANG, Jae-Min;LEE, Young-Ihn;KIM, Sukhee;CHOI, Hoi-Kyun
    • Journal of Korean Society of Transportation
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    • v.36 no.2
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    • pp.112-128
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    • 2018
  • We are implementing pedestrian priority zone policy to certain districts to reduce greenhouse gas and to develop eco-friendly city which has more focus on pedestrians' walking environment. This policy has contributed to citizens' satisfaction level with improved public transportation service as well as more spacious streets for walk. Despite highly positive influence of pedestrian priority zone policy to the walking environment, we need to anticipate the impact of this to traffic environment as it may have bad effect to the overall traffic flow around the zone where the policy is implemented. This research has analyzed the change of characteristics of traffic accidents around the eco-traffic area of Hang-Gung dong, Suwon city, to understand impact of the pedestrian priority zone policy to the traffic surroundings, with pre-post analysis methodology. As a result, number of accidents related to pedestrians showed decrease as pedestrian priority zone is designed operated with focus to pedestrians. But accidents related illegal U-turn and violation of the traffic signal showed (significant) increase as there was a restriction of turns and decrease of overall traffic speed. To prevent the accidents above, we need to notice drivers to pay special attention before the pedestrian priority zone event, and information from this research should be given to the drivers through safety signs and mobile application at the place near to the event.

A Development of Risk-Taking Behavior Forecasting Model of Taxi driver's Risk-Taking Propensity by Structural Analysis (택시운수업 종사자 위험성향 관련 변인들의 구조적 분석을 통한 위험감행 예측 모형 개발)

  • Park, Mi So;Yoon, Hyo Jin
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.32 no.4D
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    • pp.313-322
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    • 2012
  • This study analyzes taxi driver's risk-taking propensity with respect to risk-taking behaviour and traffic locus of control. In order to explore the traffic risk-taking, we present a predictive model by structural analysis of driver's risk-taking propensity. By applying this model to survey data from taxi drivers, we can observe that driver's risk-taking propensity has a significant impact on the traffic violation intention, and the higher perception of law and the lower lack of law-abiding drivers have, the more they tend to violate. Second, we test using multivariate analysis if the level of risk-taking propensity differs by the locus of control( external or internal). Drivers of external control shows higher risk-taking level compared to those of internal control so that the risk-taking propensity shows difference according to the locus of control for the responsibility of traffic accidents. The structural equation model of our study yielded ${\chi}^2$ = 279.7, ${\chi}^2$/df = 1.55, RMSEA = 0.44, GFI = 0.911, TLI = 0.916, CFI = 0.929.