• Title/Summary/Keyword: Legal standard

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A Study on Association Rule and Cost Efficiency Analysis Model Using Construction Supervision Reports (건축공사감리 문서 기반 연관규칙 및 비용효율성 분석 모델)

  • Song, Tae-Geun;Yoo, Wi Sung
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2023.05a
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    • pp.389-390
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    • 2023
  • To improve the cost performance of construction sites, various systems and standards are constantly being developed and implemented. Although legal requirements for these system and standard improvements have been increasing, the cost efficiency performance of construction sites remains stagnant. We have digitized documents generated through construction supervision work at 39 building construction sites and proposed a model that can support decision-making in cost efficiency evaluation. This model selects key keywords that are considered to be highly related to cost efficiency by identifying the patterns and relationships of keywords through associated rule analysis and social network analysis using keywords derived from documents. In addition, it is expected to be used as a decision-making aid to determine the cost efficiency of a specific building construction site by establishing a logistic regression model using core keywords. As a systematic database of construction supervision documents and an integrated system of massive data generated by digital technology are established in the future, the accuracy and reliability of the cost efficiency evaluation model are expected to be reinforced.

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A Study on the Using Drone Images in Cadastral Resurvey (지적재조사 드론 영상 활용방안 연구)

  • Keo Bae Lim;Seoung Hun Bae;Won Hui Lee;Boeun Kim;Yeongju Yu;Jin Kim
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.3
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    • pp.259-267
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    • 2023
  • At a time when the demand for drones is increasing, a plan to utilize drone images was sought for efficient promotion of cadastral resurvey. To achieve the purpose of this study, the technical and legal status of drone images was reviewed, and through this, the possibility of using it for cadastral resurvey was primarily reviewed. subsequently, an experiment was conducted targeting the project district to examine whether drone images were applied to boundary extraction, which is the primary process of cadastral resurvey. As a result of the experiment, it was found that boundary extraction from images is possible. However, in some cases, it is impossible due to field conditions or image quality. Therefore, it is necessary first to apply cases where boundary extraction is possible to cadastral resurvey and seek solutions for some impossible cases. In particular, the image quality problem may have problems with the current technology, but it will also have problems with the existing drone equipment. So, standard for drone calibration should also be established. Finally, the cadastral resurvey surveying procedure using drones was also presented

Design and fabrication of beam dumps at the µSR facility of RAON for high-energy proton absorption

  • Jae Chang Kim;Jae Young Jeong;Kihong Pak;Yong Hyun Kim;Junesic Park;Ju Hahn Lee;Yong Kyun Kim
    • Nuclear Engineering and Technology
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    • v.55 no.10
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    • pp.3692-3699
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    • 2023
  • The Rare isotope Accelerator complex for ON-line experiments in Korea houses several accelerator complexes. Among them, the µSR facility will be initially equipped with a 600 MeV and 100 kW proton beam to generate surface muons, and will be upgraded to 400 kW with the same energy. Accelerated proton beams lose approximately 20% of the power at the target, and the remaining power is concentrated in the beam direction. Therefore, to ensure safe operation of the facility, concentrated protons must be distributed and absorbed at the beam dump. Additionally, effective dose levels must be lower than the legal standard, and the beam dumps used at 100 kW should be reused at 400 kW to minimize the generation of radioactive waste. In this study, we introduce a tailored method for designing beam dumps based on the characteristics of the µSR facility. To optimize the geometry, the absorbed power and effective dose were calculated using the MCNP6 code. The temperature and stress were determined using the ANSYS Mechanical code. Thus, the beam dump design consists of six structures when operated at 100 kW, and a 400 kW beam dump consisting of 24 structures was developed by reusing the 100 kW beam dump.

A Study on the Application of Barrier Free in Library Architecture - Focused on the Case of the Gwangju, Metropolitan City University Library - (도서관 건축에 있어서 베리어프리 적용 현황에 관한 연구 - 광주광역시 대학 도서관 사례를 중심으로 -)

  • Kim, Chae Yi;Kim, Hong Bae
    • Journal of the Korean Institute of Rural Architecture
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    • v.26 no.2
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    • pp.17-25
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    • 2024
  • This study is to use B.F. certification standards to identify the application and differences of B.F. facilities according to various approaches, and to use the analysis results as basic data for the expansion and renovation of new facilities, the National University (Jeonnam University Library), which underwent remodeling before the implementation of the certification system, and the two newly established private universities (Joseon University Library) that were subject to legal application before the implementation of the certification system. First, Chosun University met more B.F. certification standards than Chonnam National University, and mainly intermediary facilities belonged to the best to the best. Second, Chosun University and Chonnam National University's internal facilities met many B.F. certification standards, and Chonnam National University had many areas to improve and found areas to remodel. Third, information facilities at Chonnam National University and Chosun University only had facilities for the hearing impaired, and there were no information facilities for the visually impaired. Facilities for the visually impaired had to be installed, and compared to Chosun University, Chonnam National University fell short of the B.F. certification standard, so there were many areas that needed to be remodeled.

Current Status of Informed Consent Form for Acupotomy in Korean Medicine Hospitals and Development of a Standard Informed Consent Form Using Delphi Method (한방병원의 침도 시술 동의서의 현황 조사와 델파이 기법을 활용한 표준 시술 동의서 개발)

  • Jihun Kim;Bonhyuk Goo;Hyongjun Kim;Kyoungsuk Seo;Myungjin Oh;Myungseok Ryu;Sang-Hoon Yoon;Kwang Ho Lee;Hyun-Jong Lee;Jungtae Leem;Hyungsun Jun;Jeong Ihn Sook;Sung Woon Choi;Tae Wook Lee;Yeonhak Kim;Yoona Oh;Kunhyung Kim;Gi Young Yang;Eunseok Kim
    • The Journal of Korean Medicine
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    • v.45 no.1
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    • pp.182-201
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    • 2024
  • Objectives: This study was conducted to develop a standard acupotomy consent form that takes into account the unique characteristics of Korean Medicine. The study was motivated by the increasing importance of patient autonomy and the growing number of legal disputes related to medical malpractice in the clinical field of Korean Medicine. Methods: The analysis phase of the study involved a survey of the current status of acupotomy consent forms in Korean Medicine hospitals nationwide. The items of each form were analyzed based on the contents of the Medical law and the standard contract for medical procedures of the Fair Trade Commission (FTC). In the development and evaluation phase, the items and contents of the acupotomy consent form were evaluated using a 5-point Likert scale and content validity was assessed through two rounds of Delphi surveys. In the improvement phase, the contents of the consent form were revised based on the results of a survey of inpatient and outpatient patients in the Department of Acupuncture and Moxibustion at Pusan National University Korean Medicine Hospital, and real-time online meeting. The final version of the standard acupotomy consent form was completed after undergoing proofreading and corrections by a linguistics expert. Results: Only 30% of Korean Medicine hospitals have implemented acupotomy consent forms. The items of the consent forms did not fully include the items presented in the Medical act and the standard contract for medical procedures of the FTC. To address this issue, two rounds of Delphi surveys and a real-time discussion were conducted with a panel of 12 experts on 27 preliminary items of consent forms. The items and contents that met the criteria for content validity ratio, convergence, and consensus were derived. Based on the derived items and content, a standard acupotomy consent form was developed. Conclusions: The standard consent form for acupotomy is anticipated to ensure patient autonomy and enhance transparency and liability in acupotomy. Furthermore, it is expected to serve as evidence in case of medical disputes related to acupotomy and contribute as a reference document for the development of standard consents forms for various procedures of Korean Medicine. However, the limitations of the study include that the survey of consent forms was limited to only training hospitals of Korean Medicine, and the standard consent form is only applicable to adults in Korea. Future studies are needed to address these limitations.

A Study on the Proposal for Extension of Local Autonomy and Financial Atonomy of Local Education

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.3
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    • pp.155-165
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    • 2021
  • The measures to extend local education autonomy are as follows: First, it is necessary to correct the confusion of the legal system of the local education autonomy system. For this, Article 12, Paragraph 2 and 4 of the 「Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems」 which state that "The State shall endeavor to consolidate systems for autonomy in education and local government" and "The implementation of autonomy in education and the autonomous police system shall be prescribed separately by Acts" should be deleted. Second, it is necessary to clarify unnecessary legal matters and regulatory measures for unification at the national level and to proactively consider the introduction of the legal trust system, in which education affairs are designated as local governments' own work and the state carries out specific affairs. The decentralization of local education finance is a key factor for the development of local education autonomy, and it requires the transfer of authority and resources to the region, and the enhancement of local autonomy and corresponding responsibility. First, the ratio of special grants must be adjusted further (from 3% to 2%) or the ratio of national policy projects must be lowered. Second, the provision that requires a consultation with a mayor/governor when making a budget covered by transfers from general accounts should be deleted. Third, it is necessary to remove the elements that limit the authority of city and provincial councils. Fourth, it is necessary to integrate the national education tax and the local education tax to create the education autonomy tax (tentative name) for only one independent purpose. Fifth, it is necessary to strengthen the distribution of the total amount of grants and abolish the settlement regulations for the measurement items of standard financial demand. Sixth is the expansion of the participation of stakeholders and experts in the grant distribution process. Seventh, it is necessary to establish a long-term employment system by designating the education finance field as a special field. Eight is the expansion of cooperative governance.

A Study of the Cultural Legislation of Historic Properties during the Japanese Colonial Period - Related to the Establishment and Implementation of the Chosun Treasure Historic Natural Monument Preservation Decree (1933) - (일제강점기 문화재 법제 연구 - 「조선보물고적명승천연기념물보존령(1933년)」 제정·시행 관련 -)

  • Kim, Jongsoo
    • Korean Journal of Heritage: History & Science
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    • v.53 no.2
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    • pp.156-179
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    • 2020
  • The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.

Duty of Care on Medical Accidents related to Anesthesia - Focused on Court Decisions - (마취 관련 의료사고 시 주의의무 - 법원 판결 사례를 중심으로 -)

  • Choi, Gyu yeon
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.61-99
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    • 2017
  • Medical practices such as surgery often need to accompany anesthesia, which frequently causes medical accidents. In order to determine whether a medical accident related to anesthesia was caused by a doctor's fault, it is necessary to understand what is the duty of care required for the medical staff such as a doctor through all stages of anesthesia. This paper analyzed Supreme Court decisions since 1990s and recent lower courts' decisions in order to understand standard of care with respect to anesthesia. While numerous medical accidents were related to inhalation anesthesia in the past, it turned out that recent medical accidents were often related to the use of intravenous or local anesthetics. In particular, legal disputes with respect to medical accidents related to propofol have considerably increased since 2007. However, because Supreme Court decisions as to anesthesia accidents are mostly related to inhalation anesthesia, they seem to be insufficient to set standard of care as to other types of anesthesia accidents. In light of the fact that medical accidents related to the use of propofol have been increasing, it is critical to establish and maintain clinical guidelines on the use of each anesthetic in the medical field. However, The Courts can present the standard of care suitable for medical reality to serve as a compass for medical practices.

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Interpretation of Estoppel Doctrine in the Letter of Credit Transaction : Comparison between UCP 500 and 95 UCC (신용장거래(信用狀去來)에서의 금반언법리(禁反言法理)에 관한 해석(解釋) - UCP 500 제13조, 제14조와 95 UCC 제5-108조의 비교를 중심으로 -)

  • Kim, Young-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.429-460
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    • 1999
  • The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

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A Study on the Improvement of Defect Management through Judicial Precedents of Landscape Construction Defect (조경공사 하자판례 분석을 통한 하자처리 개선방안 연구)

  • Jung, Myeung-Muk;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.1
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    • pp.81-91
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    • 2012
  • The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.