• Title/Summary/Keyword: Legal works

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BASIC RESEARCH OF SUB-PACKAGE PROBLEM IN KOREAN CONSTRUCTION INDUSTRY

  • Jinho Shin;Furusaka Shuzo
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.635-641
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    • 2009
  • In the building construction, the specialist contractors play the important roles in the point of the quality securing. Therefore, it is very important for the construction industry to study the sub-package problem. The sub-package problem includes two problems which should be solved. One is to decide the scope of works of each specialist contractor, and another one is to decide the particular specialist contractor which carries out the work. However, the sub-package problem in Korea is not clarified yet, although the circumstance around it has changed rapidly. Many factors influence to the sub-package problem regardless of internal factors or external factors of the project. The general contractor usually decides the sub-package under considering the project conditions. In case of the internal factors, each general contractor manages the organization and materials. But the external factors are relatively more difficult to control and predict than internal ones. But out of the external factors, the legal system has very close relationship with a sub-package problem especially in Korean construction system. So, this paper clarifies relationship between the legal system relating subcontracting and the state of sub-package.

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Abusive Demands for Payment under Counter-guarantee (구상보증상 권리남용적 청구)

  • Hur, Hai Kwan
    • Journal of Arbitration Studies
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    • v.34 no.2
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    • pp.45-64
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    • 2024
  • In international transactions, a demand guarantee is commonly used as a so-called independent bank guarantee to protect against the other party's default under, or breach of, contract). However, there is a risk that the independence and the documentary character of the demand guarantee may be abused by the beneficiary of the guarantee, who may fall into the temptation to demand or call for payment under the guarantee by preparing documents that appear to constitute a complying demand for payment, even though the demand has no conceivable basis. In Korea, through case law, a legal rule has been developed to prevent such abusive calls for payment. This paper examines how such rule that prohibits abuse of rights is applying in the context of counter-guarantees. To this end, this paper first considers the concepts of a demand guarantee and a counter-guarantee and the basic legal principles applicable thereto. And then this paper considers abusive calls under the guarantees, that exceptionally works as grounds for refusal of payment by guarantors and counter-guarantors, further looking at some situations in which the calls amount to be abusive under counter-guarantees in particular.

A Study on the Service Status of Public Domain Works in Digital Library: Focusing on the Case of the National Library of Korea's Expired Works Service (디지털도서관의 퍼블릭도메인 저작물 서비스 현황에 관한 연구: 국립중앙도서관의 보호기간 만료 저작물 서비스 사례를 중심으로)

  • Hosin Lee
    • Journal of the Korean Society for information Management
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    • v.40 no.3
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    • pp.119-142
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    • 2023
  • Copyright is a legal criterion for determining the scope and method of digital library service. Works with expired protection periods correspond to the public domain and can be freely used by anyone. For this reason, it is a priority consideration in digital library construction and services. The purpose of this study is to examine how actively libraries are using expired protected works for digital library services. To this end, the relevant provisions of the Copyright Act applied to the construction and service of digital libraries were first summarized, and the meaning of the copyright protection period was theoretically examined. The current status of online services for expired works by the National Library of Korea was examined, focusing on the works of three Japanese colonial era writers, Kim Yoo-jung, Lee Hyo-seok, and Chae Man-sik, to check the specific service status of expired works. It reveals that the National Library of Korea is not fully utilizing the scope of the law, and that this situation is linked to the rights of other authors included in the book. Based on these results, it suggests that there is a need to change the service unit to focus on copyrighted works and to use authority records to systematize the management of authors' death years.

A study of the development of the public libraries in the "Chun-Buk" province in Korea (전북지역 공공도서관의 발전책에 관한 연구)

  • 김포옥
    • Journal of Korean Library and Information Science Society
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    • v.15
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    • pp.25-77
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    • 1988
  • A Library is the fundamental character of culture in a country and it is also a barometer of culture in its community. Every cultural reality, however, can hardly come to fruition in a short time and so, it will be effected through a long time and tradition. This study aims at catching up how the above-mentioned public libraries have an influence on culture of its community people. For this purpose, the actual conditions of the public libraries have been investigated and analyzed and as a result of it, the problems have been reilluminated from the nation-wide point of view. And in the new changes, developing improvement measures have been tried to find. How to study was on the basis of the actual materials of the on the-spot survey, the interviews with the working officials and the response by way of questionnaire. Summing up the investigated and analyzed contents are as followings. In the above mentioned province, therefore, number of the public libraries are very limited compared with number of the people. And so, it is very essential to increase the public libraries in the province. In terms of the actual conditions, the public libraries lags far behind the other provinces in Korea from this library field. The present chronic conditions are the budgetary deficit, the collections insufficient to the legal minimal standards, the lack of professional librarians ignorance of the people and library managements by unprofessionals, etc.. This hinders the progress of the public libraries and to seculate them from the people. The improvements and the solutions to the above-mentioned problems are as follows. 1. To recruit the personnel sufficient to the legal standards and to reorganize the offices and to turn upward the highest class of librarian's position above the 4th class. 2. To secure collections sufficient to the legal standards and to strang then the extension services. 3. To organize the council composed of the chief librarians of the public libraries including the working chiefs in the province and to develop the works-in-hand of the libraries from the level of decision-making. 4. To organize the librarian training group and to study the working problems and to seek the qualified improvement of librarians. 5. The management of the public libraries in the province are, at present, der the Ministry of Education and the local government takes the financial power. So both should be shortly unified. 6. To do regularly the course of how to use library materials for the community people and to seek the inducement measures for the people through the various cultural events. 7. The public libraries organize the mutual cooperation networks and to seek the system automatized plans of free use of library materials and every library works. 8. To enlarge book mobile system actively and to infiltrate into the daily living of people deeply. Finally, what the present writer would like to speak to the chief librarians of the public libraries the human aspects of librarians should not be ignored no mater how excellent a library organization may be. In addition to this, the present writter is sure that the far-reached future of our library organization will depend on the librarians.

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A Study on the End of Defects Liability Exit Procedure in Apartment Buildings through Case Studies (사례분석을 통한 공동주택 하자담보책임 종료 절차연구)

  • Kim, Jin-kuk;Bang, Hong-Soon;Choi, Byung-Ju;kim, Ok-Kyue
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.10
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    • pp.25-32
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    • 2018
  • The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

A Theoretical Understanding of Housing Adjustment As Applied to Residents of Korean Folk Housing -A Case Study of Andong Hahoe Folk Village- (전통가옥거주자들을 대상으로 한 주거조절행위의 이론적 해석 -안동하회마을을 중심으로 한 사례연구-)

  • 이도영
    • Journal of the Korean housing association
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    • v.15 no.3
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    • pp.21-30
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    • 2004
  • The purpose of this study was to examine theoretical underpinnings of housing adjustment as applied to residents of Korean folk housing. On random and voluntary base, 66 households of the Andong Haboe folk village were asked to participate in the present study for a self-administrated questionnaire survey as well as open-ended face-to-face interviews. Some valuable results were obtained as follows. In spite of the legal barrier to change in physical conditions of housing, first, a huge amount of adjustment actually took place in the rural folk village. Satisfying basic amenity or shelter needs turned out to be the basic role of adjustment. Second, the number of adjustment works previously done was not effective anyhow in predicting the level of housing satisfaction. Speare's (1974) satisfaction theory of housing adjustment was largely supported by the present study. Highly dissatisfied residents with their housing were more likely to expect adjustment works of their own. Additionally, age turned out to be the most powerful predictor of housing adjustment. Finally, housing satisfaction was positively correlated with community attachment (Kendall's $\tau$ =.35 ; p 〈 .001). Residents satisfied with their house were more likely to be proud of being a member of community. Overall, though, community attachment was not related anyhow to the willingness of housing adjustment.

A Study on the Improvement of SE Based Operation Requirements Documents Application in Defence Acquisition (국방획득에서 SE기반의 운용요구서(ORD) 적용 개선방안 연구)

  • Kim, Heung Bin;Jung, Chan Young;Yang, Myeng Hee
    • Journal of the Korean Society of Systems Engineering
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    • v.18 no.1
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    • pp.33-45
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    • 2022
  • This paper relates to the improvement application of operation requirements documents(ORD) on which empirical researches are not sufficient. The application of ORD was drawn up and operated in the acquisition phase, and recently it was decided to apply it in the requirements planning phase. However, the reality is that there are deficiencies in the performance of works, such as the classification of works among related organizations. Therefore, this study analyzed the cases of writing ORD that have been promoted so far, and Its status was enhanced by reflecting it in laws and regulations. In addition, the concept was redefined, and improvement measures such as the level of writing ORD were suggested for each acquisition stages. Above all, it is desirable to incrementally supplement and develop from preliminary conceptual research in the planning stage and drafting at the military level. In addition, the relevant legal system should be supplemented so that such ORD application can be flexibly established in defence acquisition.

An Analysis of the importance in fire-stations' works and redesign by disaster management steps (재난관리 단계별 소방업무 중요도분석 및 업무재설계)

  • Park, Chanseok
    • Journal of the Society of Disaster Information
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    • v.10 no.4
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    • pp.572-582
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    • 2014
  • Fire-stations' works limited to the existing fire protection rescue and emergency services in rapidly changing disaster environment are not difficult to deal with the fire service demand of the people any longer. In this study, after calculating the importance of the disaster management about fire-stations' works by disaster management steps thorough a survey of experts about Fire and Disaster, firefighting tasks are to be redesigned. Experts have the higher rating in preparation step of firefighting tasks. Because securing resources and building systems in preparation step and safety training in prevention step have a high importance, it is required to improve efficiency of firefighting tasks through redesign. The most important point in redesign is to realize fire-stations' works are to expand and to develop such a policy if fire-offices excavate the civil and government cooperation works and provide such legal and institutional basis of establishment and operation. And it should be sought to maintain international cooperation for international disaster response. Ultimately, fire-offices will have further expansion in quality and simultaneously quantitatively by excavating 'collaboration (business cooperation)' or enhancing existing works in addition to existing 'fire and rescue, first aid' business.

Judiciary Elements of Originality in 2D Character Design - Focused on the Precedents of Copyright Infringement - (캐릭터 도안(圖案)의 창작성 판단 기준 - 저작권침해소송 판례를 중심으로 -)

  • Cho, KyeongSook
    • Journal of the Korean Society of Costume
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    • v.66 no.5
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    • pp.33-48
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    • 2016
  • Upon the needs to draw the judicial elements of creativity in the copyrighted character designs, this paper aims to draw and categorize the elements based on the analysis of preceding court decisions. The results are as follows: the form of body, the features in its face and its composition, the overall image, the degree of personification, and aesthetic sensation. These elements reflect formative skills required to portray the intrinsic quality of a character. This paper is of significant interest in that it suggested the legal basis and elements of creativity in character design to professionals in both areas of design and judicial decisions.

Automation for Decision of the Optimum Stories of Apartment Buildings to Assure the Solar Access Right for Neighboring Areas through Applying a Case Study (사례적용을 통한 인근지역에서의 일조권 확보를 위한 공동주택 층수 계획 자동화에 관한 연구)

  • Seong Yoon-Bok;Yeo Myoung-Seouk;Kim Kwang-Woo
    • Journal of the Korean housing association
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    • v.16 no.3
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    • pp.69-77
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    • 2005
  • The purpose of this study is to develop a automation for decision of the optimum stories in apartment buildings in order to assure the solar access right for neighboring areas. Compared to the results of the optimum stories by manual process through applying a legal case over solar access right, the proposed method provides more improved and expanded information by automating the computing process of decision of the optimum stories in apartment buildings. With the result of this research, it would be possible to furnish with advanced information for an amicable settlement against the civil petition and disputes, to reduce waste of the time and cost and to improve the efficiency of solar access right analysis works.