• Title/Summary/Keyword: Legal Management

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A Brief Review of Backgrounds behind "Multi-Purpose Performance Halls" in South Korea (우리나라 다목적 공연장의 탄생배경에 관한 소고)

  • Kim, Kyoung-A
    • (The) Research of the performance art and culture
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    • no.41
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    • pp.5-38
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    • 2020
  • The current state of performance halls in South Korea is closely related to the performance art and culture of the nation as the culture of putting on and enjoying a performance is deeply rooted in public culture and arts halls representing each area at the local government level. Today, public culture and arts halls have multiple management purposes, and the subjects of their management are in the public domain including the central and local governments or investment and donation foundations in overwhelming cases. Public culture and arts halls thus have close correlations with the institutional aspect of cultural policies as the objects of culture and art policies at the central and local government level. The full-blown era of public culture and arts halls opened up in the 1980s~1990s, during which multi-purpose performance halls of a similar structure became universal around the nation. Public culture and arts halls of the uniform shape were distributed around the nation with no premise of genre characteristics or local environments for arts, and this was attributed to the cultural policies of the military regime. The Park Chung-hee regime proclaimed Yusin that was beyond the Constitution and enacted the Culture and Arts Promotion Act(September, 1972), which was the first culture and arts act in the nation. Based on the act, a five-year plan for the promotion of culture and arts(1973) was made and led to the construction of cultural facilities. "Public culture and arts" halls or "culture" halls were built to serve multiple purposes around the nation because the Culture and Arts Promotion Act, which is called the starting point of the nation's legal system for culture and arts, defined "culture and arts" as "matters regarding literature, art, music, entertainment, and publications." The definition became a ground for the current "multi-purpose" concept. The organization of Ministry of Culture and Public Information set up a culture and administration system to state its supervision of "culture and arts" and distinguish popular culture from the promotion of arts. During the period, former President Park exhibited his perception of "culture=arts=culture and arts" in his speeches. Arts belonged to the category of culture, but it was considered as "culture and arts." There was no department devoted to arts policies when the act was enacted with a broad scope of culture accepted. This ambiguity worked as a mechanism to mobilize arts in ideological utilizations as a policy. Against this backdrop, the Sejong Center for the Performing Arts, a multi-purpose performance hall, was established in 1978 based on the Culture and Arts Promotion Act under the supervision of Ministry of Culture and Public Information. There were, however, conflicts of value over the issue of accepting the popular music among the "culture and arts = multiple purposes" of the system, "culture ≠ arts" of the cultural organization that pushed forward its establishment, and "culture and arts = arts" perceived by the powerful class. The new military regime seized power after Coup d'état of December 12, 1979 and failed at its culture policy of bringing the resistance force within the system. It tried to differentiate itself from the Park regime by converting the perception into "expansion of opportunities for the people to enjoy culture" to gain people's supports both from the side of resistance and that of support. For the Chun Doo-hwan regime, differentiating itself from the previous regime was to secure legitimacy. Expansion of opportunities to enjoy culture was pushed forward at the level of national distribution. This approach thus failed to settle down as a long-term policy of arts development, and the military regime tried to secure its legitimacy through the symbolism of hardware. During the period, the institutional ground for public culture and arts halls was based on the definition of "culture and arts" in the Culture and Arts Promotion Act enacted under the Yusin system of the Park regime. The "multi-purpose" concept, which was the management goal of public performance halls, was born based on this. In this context of the times, proscenium performance halls of a similar structure and public culture and arts halls with a similar management goal were established around the nation, leading to today's performance art and culture in the nation.

Perception on the Nursing Accident Experience of the Nurses and Its Cause (간호사(看護師)들의 간호사고(看護事故) 경험(經驗)과 사고원인(事故原因)에 관한 지각(知覺))

  • Lee, Soon-Bok;Moon, Heui-Ja
    • Journal of Korean Academy of Nursing Administration
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    • v.1 no.2
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    • pp.246-267
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    • 1995
  • Recently the request of the patients to participate in the medical courses has been expanding due to the elevated sense of right on the people's health, merchandised medical treatment by mass supply, human right declaration of the patients, generalized medical informations by the mass media and the change of human relation between the medical personnels and the patients. Under these phenomena the patients have been in the thought of solving such accidents only by regulation of the laws which they think to be all powerful, Such trends are same in the area of nursing service. Also today the accident by the nurses have been increasing by the area of the nurses having been expanded and their independent roles having been increased. Such nursing accidents are the important subject which the professional occupation of the nurse has been facing but legal protective capability of the nurses has been very weak. Therefore this study has examined the degree of the experience of the nursing accident that happens in the clinical nursing scenes in the general hospital to provide the basic materials for the protection and the counter measures of the nursing accident. The following is the conclusion based by the above examination. 1) The experience degree of the whole nursing accidents has been appeared as 1.90 in average. And the degree according to service area has been 1.77 in the area of supervising management of patients, 1.54 in the area of the same management of patients by head-nurses, 1.84 in the area of doctors' treatment performances, 14 in the enforcement and education areas of the nursing technology, 2.04 in the area of observing patients and judgement and 2.07 in the area of nursing records and maintaining confidentials. Accordingly there has been higher degree of accidental experiences in the independent service areas of the patients than in the dependent ones directed by the doctors. 2) The perception of the nurses showed that the cause of the nursing accident has been due to the heavy work of the nurses with the 60.4% of the response rate, the highest rate. They report the accident to the head nurse first by 2/3 nurses after accident. And the hour of the accident has been frequently happened regardless of service hours with 48.1% in response rate, the highest rate, and the nursing accident happens in the night more than the daytime with the rate of 37.5% at night while 14. 4% daytime. 3) The nurses are in the perception that the patients are responsible for the accident with 48.2% response rate while 43.9% rate in response showed that it has been caused by many people. They are in the perception that 41.7% when the nursing power was lacking, 46.7% lower recognition of actual state about indivitual patient in the section of technical speciality and 35.8% when the patients were not cooperative and 37.8% when the wards were dirty and in disorder. 4) the attitude of the patients after the various nursing accidents has been violent words in 72.7%, violence in 17.4% and 3.9% in attending the court by the sue of the patient's side(18 nurses). 5) The action of the hospital has been : requesting the submission of the story of the accident in 22.8%, the report of the accidents in 14.4%, thus the written statement disposal was most, 4.5% was the transfer to the other departments when the accident was larger or the patients' guardians protested strongly and 0.6% of the dismissals of the nurses. 6) In regard to the responsiblity of the nurse accidents, 78.9% was the highest rate of supplying the nursing manpowers, 48.4% of mutual cooperation of the medical personnels, 37.2% of strengthening the education for the nurses and hospital facilities reformation in 32.7%. 7) The review of relation between the general characters of the object of the study and the degree of experience of nursing accidents showed the significant differences in ages (F=4.04, p=0.000).

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A Study on the Current Rotation System of Hunting Ground (현행(現行) 순환수렵장(循環狩獵場) 제도(制度)에 관(關)한 연구(硏究))

  • Byun, Woo Hyuk
    • Journal of Korean Society of Forest Science
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    • v.74 no.1
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    • pp.47-55
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    • 1986
  • During the past 4 years, I have made a careful analysis of the present rotating system of hunting areas, on the one hand, by asking a group of hunters to fill out a questionnaire, and on the other hand, by referring to the written documents on the subject. And, as a result, it is concluded that this system, by varying the hunting grounds each year, contains in itself several problems as follows. 1. The hunters find it quite inconvenient to use a different hunting ground year after year and they also complain that the present hunting ground charge is more than it is worth. Therefore, it is expected that the number of hunters will explosively increase in the future with the betterment of hunting conditions. 2. The hunters have almost no information about game and they are, as a whole, lacking in the ethics of hunting. 3. The allotment of time in hunting training courses is not so sufficient that it is next to impossible to improve the quality of hunters. 4. As a rule, the population density of wildlife is so sparse that it falls short of the proper standard of it. 5. The present hunting system does not seem to contribute to the advancement of tourism. 6. It is absolutely necessary to make a general survey of the situation of wildlife for the legal protection of it. Besides, the interests of hunters are so closely tied up with those of farmers and foresters that dreastic measures should be taken to settle their conflicting differences. For the purpose of solving the above-mentioned problems and at the same time, of developing sound hunting practices in the long run, I hereby make two suggestions. 1. The Establishment of the Hunting License Test System It is desirable to issue a license to a prospective hunter after he has met a special qualification and then passed a test so that he may have bits of information needed for his hunting activities. 2. The Introduction of The Revier System The fundamental concept of this system is based on the assumption that the private landowner should reserve a right to the pursuit of game and take responsibility for wildlife management.

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A Comparative Analysis of Teukyakmeip and Consignment (특약매입과 콘사인먼트 비교분석)

  • Kim, Dong-Ho;Kim, Sung-Soo;Jung, Myung-Hee;Youn, Myoung-Kil
    • Journal of Distribution Science
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    • v.12 no.4
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    • pp.5-9
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    • 2014
  • Purpose - The purpose of this study was to compare and contrast the applicability and effectiveness of both teukyakmeip contracts of Korea and consignment contracts of the United State to demonstrate the effectiveness and practicability of teukyakmeip in Korea. These are popular contract agreements between large retailers and their suppliers and vendors. In recent years, teukyakmeip was critically examined and scrutinized by the politicians, the media, and the public of Korea. Consequently, this paper focusesheavily on identifying and analyzing different types of contract agreements between large retailers and their suppliers that currently exist in Korea and compares and contrasts those analyzed contract agreements with teukyakmeip. The article also comparesand contrasts teukyakmeip with the consignment agreements of the United States to identify similarities and differences. Research design, data, and methodology - This study is a descriptive study and has used personal interviews to collect and analyze the data. This study also fits the definition of the case study wherein it is entirely focused on investigating a real-life event: analyzing and examining contract agreements in the distribution industry. Both randomly selected management and vendor representatives from the three major department stores, Lotte, Hyundai, and Shinsegae, in Korea were interviewed between July and September 2013. The analysis of the consignment agreement was conducted based on existing secondary data. Results - Although the evidence of the abuse of teukyakmeip and consignment by large retailers from both countries clearly exists, the findings suggestthat both contract agreements would remain as the most relevant and effective legal contracts between large retailers and their suppliers. Based on the comparisonanalysis of teukyakmeip and consignment, both contracts indicated that suppliers are fully responsible for inventory and inventory management. If sales person is necessary for promoting special product, then suppliers are responsible for providing a sales person and their wages under both contracts. However, American department stores, those located outside urban area, tend to use their own employees to perform special product and sales promotion. The retailersare fully responsible for any interior or floor design or redesign of the retail store to accommodate the products from vendors under consignment; however, both suppliers and retailers share the cost of designing and redesigning the interior to accommodate vendors'products under teukyakmeip. Suppliers are responsible for pricing and supplying the quantity of the products under both agreements. Both contracts allow special sales commission as long as vendors agreed. Vendors use this special commissionto introduce their new products or apply market penetration strategy. Conclusions -The findings of this study showed the changing pattern of contract agreements between large retailers and their suppliers from both countries. Furthermore, this study evidently generated policy implications of teukyakmeip which recently became the major social issue in Korea and attracted many policymakers to gain political points by criticizing the teukyakmeip system and the large retailers. The findings of the study would be valuable to policy makers in making appropriate decisions and to large retailers and vendors in making beneficial agreements. The major implication of this study is that teukyakmeip and consignment agreements include very similar or almost identical characteristics, and they are popular among department stores and suppliers. The issue of abolishing teukyakmeip in Korea needs to be examined cautiously because teukyakmeip is the best one available at the moment, and the study suggests that no one benefits from abolishing this system.

Counter-terrorism Safety Measures in Public Facilities (다중이용시설의 대테러 안전대책)

  • Kim, Du-Hyun;Ahn, Kwang-Ho
    • Korean Security Journal
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    • no.22
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    • pp.37-64
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    • 2010
  • Since the September 11, 2001, the motives and objectives of terrorism that have been targeted at hard targets such as key national facilities have now shifted towards soft targets such as subways, department stores, and tourist hotels; the attacks on these soft targets are steadily increasing. Simultaneous, unconventional, and indiscriminate terrorist attacks on civilians has also increased. In November, 2010, nearly forty states of the G20 and B20 (Business 20) will join in international summits to be hosted in Seoul. This coming July, an additional 350 troops will be deployed to Afghanistan for the sustainment of public security. Such events are sensitive topics, and there is the possibility of terrorist movement. Korea has successfully hosted various international events such as the APEC and ASEM Summits, and the 2002 Korea-Japan World Cup. The experiences from these events must be applied to ensure the safety of public facilities against the dangers of terrorism. First, counter-terrorism center must be established for the long-term, above the General Officer level to ensure the safety and efficiency of multilateral, international summits, as well as promoting policies and legislation aimed at preventing terrorism. Second, a terrorist threat management system must be secured and safety measures must be emphasized. Third, a fundamental structure must be established for the prevention of terrorism on public facilities, as well as legal and government action against the new threat of IED. Fourth, the police and fire fighting networks' must have a firm rapid response posture on the scene of an attack. Fifth, the state of mentality on the recognition of terrorist threats must be changed and restructured by promoting to and educating the population. Sixth, prevention measures must be established via research and academia. Seventh, for the guarantee of security in public facilities, safety management should employ cutting edge technology such as the 3D SICS and further develop and apply such technology. All methods and resources must be fully utilized for the establishment and strengthening terrorism prevention measures.

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A Study on the Utilization of Private Security for Park Safety (공원안전관리를 위한 민간경비 활용방안 연구)

  • Kang, Yong-Gil
    • Korean Security Journal
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    • no.34
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    • pp.7-32
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    • 2013
  • The idea of this study was derived from awareness of local governments and police's limitation on attempts to 'creating safe park'. The purpose of this study is to examine current political measures of preventing various types of possible crimes in the park and the limitation of those policies. Furthermore, this study aims to suggest possible explanations to utilize Private Security Sector for the effective and continuous way of managing park safety by considering legal and practical solutions and its expectations. The methods of analysis used in this study are, first, literature review of current park safety management policies. Second, this article examined implications of strategies of those policies throughout the case study of the USA's park safety policy. Third, this study suggested plans of action and role of Private Security Sector to improve park safety. The results present several arguments for the park safety. First, legislation of mandatory crime preventing programme in the early stages of designing park is required. Introducing the 'park special judicial police system' to the major parks for a immediate response to the crime can be one of suggestions. Moreover, proactive police response systems, such as one of the Seoul Metropolitan Police's policies- 'returning safe parks to a citizen' are required. Second, the case study of the USA regarding park safety confirmed that major parks in the USA have rigorous and detailed park regulations. It also showed that those parks take not only preventing measures, but also follow-up measures against crimes. Third, the results suggest creating human resources by contracting out Park Managers and Private Security Sector that have specialized experiences and techniques to prevent crimes and public disorders. Overall in this study, increased citizen's satisfaction level, control of continuous and systematic crimes, the spread of joint-production of public safety, and increased fields of the Private Security Sector are expected from the findings.

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A Research on Improvement Measures for Safety Management of Aviation Cosmic Radiation (항공부문 우주방사선의 안전관리 적용을 위한 개선연구)

  • Choi, Sung-Ho;Lee, Jin;Kim, Hyo-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.215-236
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    • 2016
  • This paper is related to a study on safety management of cosmic radiation in the aviation area, and as a comprehensive study encompassing not only aviation crew but also aviation traffic users, presents issues on an exposure to the cosmic radiation which authors predict may be intensified in a time to come. Although the government of the Republic of Korea has recently activated regulations related to the cosmic radiation, the following improvement measures are further urged to be carried out not only as a regulatory improvement for pushing ahead with effectiveness but also as a supplementary tool. Firstly, a dose limit corresponding to the international standard needs to be applied. Since the dose limit imposed by the Korean government is improperly higher than the international dose limit of the cosmic radiation, the present dose limit needs to be re-established in a range of "not exceeding the international recommendation". Secondly, a new methodology is needed such that aviation companies observe a yearly effective dose limit of passengers. A fact that only aviation crew is specified but passengers are excluded in the related regulation is based on a recommendation presented by the International Commission on Radiological Protection (ICRP). According to the recommendation, Korean government excluded passengers in the "Cosmic Radiation Safety Requirements for Crew". Among the present aviation regulations, there exists a protection standard for protecting aviation traffic users. However, it presents a damage protection only for ticket-related issues. Since this regulatory weakness provides a cause of endangering national health, the authors believe that an improvement in the regulation is needed without sticking to the recommendation from the ICRP. To this end, new regulations are strongly demanded from aspects of not only legal but also regulatory areas. The dose limit in accordance with the international standard is established. However, at least a minute amount of cosmic radiation is continuously acting on all people of Korea. Since more and higher level of cosmic ration may exist in the aviation space, an improved method of representing the minute amount of cosmic radiation in figures. As a result, a desirable regulation may be established for protecting not only crew but also aviation traffic users from being exposed to the cosmic radiation via a legislation of the desirable regulation.

The Actual State of the Creation and Management of Public Open Spaces of Major Buildings - Focused on Daegu-City - (대형건축물 공개공지의 조성 및 관리실태 분석 - 대구시를 대상으로 -)

  • Eom, Boong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.36-45
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    • 2011
  • Public open space(Gong-Gae-Gong-Ji) is an important part of the open-space system in an urban environment. Though part of the private sector, it has a significant public function as there are as always open to the free use of every citizen for rest and amenities. A field survey of the public open space of 71 major buildings was carried out to investigate the actual state of public open spaces in the city of Daegu. As a result of this investigation, several point of issues were discussed. In distribution by 'Gu', newly-emerging sub-centers of Daegu-City, such as Bug-Gu and Dalseo-Gu as well as downtown area have many public open spaces. By the use type of buildings, retail buildings such as shopping centers and SSM account for36.6%, business buildings21.1%, and residential and commercial complexes 15.5%, respectively. Location wise, the front areas accounted for the greatest amount(42.9%) with 1 in side area(20%), and 2 in the front/side area(20%), respectively. Degree of division was 1 spot type(45.7%), 2 division type(35.7%). The misuse of public open space for private use, such as shopping and parking lots, was26.6%. On the basis and analysis of the actual status, 6 improvement devices for public open spaces were suggested: 1) The improvement of the legal regulative system, 2) the establishment of design guidelines and strengthening of deliberation, 3) administrative and financial support, 4) periodic supervision and guidance, 5) installment of signs that shows the space is open for use to every citizen, and 6) the participation of citizens in management of public open space.

The Risk Implication of Ownership Structure: Focused on Korean Life Insurance Companies (유배당보험상품에 대한 재무론적 분석)

  • Lee, Kun-Ho;Wee, Kyeong-Woo;Jun, Sang-Gyung
    • The Korean Journal of Financial Management
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    • v.24 no.2
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    • pp.147-181
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    • 2007
  • Our article investigates the risk implication of ownership structure in life insurance companies. We set up a model to identify the priority structure of policyholder's and shareholder's cashflow claims, and to derive its implications. Current literature on this issue has focused on the agency paradigm or the risk-sharing efficiency. Fama and Jensen(1983a, 1983b) and Mayers and Smith(1981, 1986, 1988, 1990, 1994) argue that the survival of both the corporate and the mutual form of organization is due in part to the relative efficiencies in controlling agency problems. With regard to insurance business, agency problems arise because of the three functions inherent in the organizations:manager, risk-bearer(owner), and policyholder. Stock insurers are characterized by the potentially complete separation of all three functions while mutual insurers merger the policyholder with the ownership function. Doherty and Dionne(1993) and Doherty(1991) concentrate their analysis on differences in the efficiency of risk sharing between participating and non-participating policies. They argue that when the undiversifiable risk has higher portion in business risk, combining policy and equity claims into a single package is a more efficient risk-sharing contract than a simple prepaid risk-transfer. Among various methods for assembling the policy/equity package, Doherty and Dionne(1993) and Doherty(1991) suggest that policy/equity package offered by the mutual is the most efficient risk-sharing arrangement. There has been a controversy on the property of participating policies sold by life insurance corporations in Korea. Some scholars argue that participating policyholders of Korean life insurance companies have shared the cashflow risk with shareholders. They emphasize that insurance firms have used dividend reserves to supplement for equity deficits. Thus, they argue that the economic entities of Korean life insurance companies are mutual companies though their legal entities are corporations. Our article explicitly sets up each stakeholder's cashflow claim in stock and mutual insurers, and thus identify risk differences in shareholder and policyholder. Using our model, we could derive direct implications on the controversy. Our model shows that life insurance companies would sell participating policies since policyholders would have the incentive to share the risk inherent in their primary claims with equityholders. And there exists a fundamental difference in shareholder's risk and equityholder's.

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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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