• Title/Summary/Keyword: Guarantee Responsibility

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An Analysis of Operation and Considerations for the Introduction of Performance Warranty Contracting (해외 성능계약제도의 운영현황 및 국내 도입시 고려사항 제시)

  • Cho, Su-Kyung;Seo, Yong-Chil;Lee, Sang-Beom
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.446-449
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    • 2007
  • For the restoration of construction industry, the government have offered the policy since the end of 1990. It has offered to develop the world-class technology and establish the effective production structure. In the government policy, the delivery and contracting method has improved so that construction industry could be recognized. Foreign countries have conducted the R&D and application of Innovative Contracting for improvement of facilities, reduction of LCC and innovation of contractor. Among the Innovative Contracting, 'Performance Warranty Contracting' is defined that A guarantee of the integrity of a product and of the makers responsibility for the replacement or repair of deficiencies. Performance Warranty Contracting is used for technology developments of contractor, improvement of quality, reduction of LCC, prevention of early deficiencies and reduction of owner's inspection works. This paper analyzes concept and effects of Performance Warranty Contracting and presents considerations according to the introduction.

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Priority of Challenges for Activation of MyData Business: K-MyData Case

  • Park, Jeong Kwan;Park, Soo Kyung;Lee, Bong Gyou
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.15 no.10
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    • pp.3513-3533
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    • 2021
  • This paper identifies challenging factors that hinder the successful settlement of the MyData industry, which is drawing global attention, and it analyzes the priority of solutions. To this end, a mixed-methodology including analytic network process technique was borrowed step-by-step to identify variables, analyze them, and provide interpretations. From the first step, the study found that the market aspect was the most important for the success of the K-MyData business, and the release of interesting representative services was found to be the easiest way to inspire market growth. From the second step, as a socio-cultural issue, the lack of consensus on data provisioning was found to present a major obstacle. To achieve consensus, it is very important for business participants to gain the trust of consumers. From the third step, it was found that the scope of data collection and responsibility for accidents needs to be clarified. Government and business-related persons must observe the principles of MyData while tackling these obstacles. It is also necessary for the government to be sensitive to changes in the environment as a focal actor. Doing so will lead to data industry activation and will help guarantee of rights of data subjects in a balanced manner. Finally, it is notable that technical barriers now have the lowest priority. Although technology is important, MyData business must also overcome market, socio-cultural, and institutional challenges. The study selected Korea as its research target, but it is expected to provide useful insights to other countries that are planning MyData business similar to Korea.

A Study on the Legal Issues in Space Tourism (우주여행의 법적문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.215-239
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    • 2011
  • We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

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Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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A Study on Job Satisfaction of Busan-port Pier Management Corporation's Employee (부산항부두관리공사 직원의 직무만족도 분석)

  • Kim, Sang-Goo;Lee, Won-Il
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.13 no.4
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    • pp.95-100
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    • 2007
  • Busan-port is world's fifth trading port and is playing an important role in medium of revenue expansion and civic growth of Busan metropolitan city. Therefore, Busan metropolitan city aims at establishment of maritime special city with sailing of popular election third times. But this sort of goal can be accomplished when job satisfaction of port's personnel concerned is elevated. So, the object of this study is to research on job satisfaction of Busan-port pier management corporation's employee. Through the examination of preceding studies, duty contents promotion remuneration control sense of responsibility colleague relation guarantee job office quantity working environment. tenure of office sex age education are used as factors of job satisfaction. The finding of this study are as follows; First, promotion and remuneration exert significant influence upon job satisfaction. Second, the job satisfaction of Busan-port Pier Management Corporation's Employee is pretty low.

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A Study on The Law and System of The Private Body Guard in Korea (한국(韓國) 민간신변보호(民間身邊保護)의 발전(發展)을 위한 법규(法規) 및 제도(制度)에 관한 고찰(考察))

  • Lee, Han-Ick
    • Korean Security Journal
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    • no.1
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    • pp.283-319
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    • 1997
  • Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.

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Flexible Intelligent Exit Sign Management of Cloud-Connected Buildings

  • Lee, Minwoo;Mariappan, Vinayagam;Lee, Junghoon;Cho, Juphil;Cha, Jaesang
    • International Journal of Advanced Culture Technology
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    • v.5 no.1
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    • pp.58-63
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    • 2017
  • Emergencies and disasters can happen any time without any warning, and things can change and escalate very quickly, and often it is swift and decisive actions that make all the difference. It is a responsibility of the building facility management to ensure that a proven evacuation plan in place to cover various worst scenario to handled automatically inside the facility. To mapping out optimal safe escape routes is a straightforward undertaking, but does not necessarily guarantee residents the highest level of protection. The emergency evacuation navigation approach is a state-of-the-art that designed to evacuate human livings during an emergencies based on real-time decisions using live sensory data with pre-defined optimum path finding algorithm. The poor decision on causalities and guidance may apparently end the evacuation process and cannot then be remedied. This paper propose a cloud connected emergency evacuation system model to react dynamically to changes in the environment in emergency for safest emergency evacuation using IoT based emergency exit sign system. In the previous researches shows that the performance of optimal routing algorithms for evacuation purposes are more sensitive to the initial distribution of evacuees, the occupancy levels, and the type and level of emergency situations. The heuristic-based evacuees routing algorithms have a problem with the choice of certain parameters which causes evacuation process in real-time. Therefore, this paper proposes an evacuee routing algorithm that optimizes evacuation by making using high computational power of cloud servers. The proposed algorithm is evaluated via a cloud-based simulator with different "simulated casualties" are then re-routed using a Dijkstra's algorithm to obtain new safe emergency evacuation paths against guiding evacuees with a predetermined routing algorithm for them to emergency exits. The performance of proposed approach can be iterated as long as corrective action is still possible and give safe evacuation paths and dynamically configure the emergency exit signs to react for real-time instantaneous safe evacuation guidance.

A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law (영국 해사법상 선박매매 브로커의 대리인 책임에 관한 일고찰)

  • Jeong, Seon-Cheol
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.617-625
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    • 2013
  • "Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

Child Care Time, and Perceptions of and Satisfaction with Time Use, of Fathers and Mothers in Dual-Income Families with Preschool Children (영유아 자녀를 둔 맞벌이가정 아버지와 어머니의 자녀돌봄시간과 시간사용 인식 및 만족도)

  • Kim, Yookyung
    • Journal of Family Resource Management and Policy Review
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    • v.28 no.2
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    • pp.11-25
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    • 2024
  • The purpose of this study is to compare the child care time, as well as the perceptions of and satisfaction with the time use, of fathers and mothers in dual-income families with preschool children. 444 time use data were gathered from the Statistics Korea Life Time Surveys in 2019. The results of this study are as follows. First, the total child care time of the two parents per family on a working day was 72.1 min on average, and more time was spent on primary care than on developmental care. Second, the father's child care time on a working day was 40.8 min on average, and the mother's time, almost three times more-110.3 min, which show a significant difference. By type of care, the mother's care time was about three times more than that of father for primary care, and about two times more for developmental care. Third, the mother's primary care time differed by household income level, and the primary care time of both fathers and mothers differed according to the number of their working hours weekly. Fourth, both fathers and mothers felt somewhat tired and had a time deficit, but mothers were less satisfied than fathers with the division of household tasks between them. To encourage fathers' voluntary participation in child care, they must be informed of their joint responsibility with their spouse as parents must be emphasized under the term "co-parenting." It is necessary to expand systems that support parental care and promote a family-friendly culture in workplaces to guarantee the rights of parents.