• Title/Summary/Keyword: Obligation

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The Study of Economic Feasibility of Wood Pellet in Domestic Power Plants Sector (국내 발전부문에서의 목재펠릿 경제성 연구)

  • Jeong, Nam-Young;Kim, Lae-Hyun
    • Journal of Energy Engineering
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    • v.19 no.4
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    • pp.251-257
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    • 2010
  • Korea have a plan to enforce the Renewable Portfolio Standard(RPS) in 2012 for climate change action and effective use of energy but because of lack of renewable energy resources and limits of technology development, it will be hard to fullfill a target for RPS obligation in domestic power generation sector and woodchip biomass cofiring with coal combustion is the one of the alternative methods of the goal. Woodchip biomass cofiring with coal combustion is easy to approach technical design and has competitiveness of $CO_2$ & renewble energy certificate benefit and also has much lower generation cost than any other renewable energy resources. Because of that reason, woodchip biomass cofiring with coal combustion should be needed to fullfill the goal for RPS obligation in domestic power generation sector with midlong-term direction.

EXPLANATION BY PHYSICIANS AND CONSENT OF PATIENTS (의사(醫師)의 설명(說明)과 환자(患者)의 동의(同意))

  • Choe, Haeng-Sik
    • The Korean Society of Law and Medicine
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    • v.5 no.2
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    • pp.294-319
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    • 2004
  • Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

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The Rights of Patients as Consumers (환자의 소비자로서 권리)

  • Kwon, Yong Jin;Son, Sang Sik;Lim, Young Deok
    • Health Policy and Management
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    • v.22 no.3
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    • pp.315-346
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    • 2012
  • The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

Economic Impact Analysis of the Introduction of RPS (RPS 도입의 경제적 효과)

  • Kim, Suduk;Moon, Choon-Geol
    • Environmental and Resource Economics Review
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    • v.14 no.3
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    • pp.729-751
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    • 2005
  • RPS(Renewable Portfolio Standards) is an institutional device to promote use of renewable energy through market mechanism by making renewable energy to constitute a pre-announced portion of the electricity production. We measure economic impacts of the introduction of RPS to domestic electricity market at the levels of electricity market, individual industrial sectors and the economy as a whole. First, we examine the TREC(Tradable Renewable Energy Credits) market, where the credits in excess of the obligation of the renewable energy production are sold to those who have to meet the obligation through purchased credits. We then measure end-users' additional cost originating from the introduction of RPS and TREC in electricity production, and their impacts on price and supply in the retail electricity market. Next, using input-output analysis, we measure economic impacts of the changes in retail price and supply on individual industrial sectors and the economy as a whole. Among many others, we find small price effect and large GDP effect - sectoral electricity price rises at around 5%, sectoral price level rises by 0.258%, and sectoral GDP declines by 1.940% on average by the year 2011.

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A Study on Electronic System of Purchase Institution the Raw Materials for Earning Foreign Currencies (외화획득용 원료 등 구매제도의 전자화에 관한 연구)

  • Jeong, Yoon-Say;Chung, Jason
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.357-379
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    • 2013
  • Recently, the government was introduced as currency for earning of raw materials purchasing system for electronic Government management of foreign trade in 2011, and revised regulations for electronic proof of purchase. In addition, the currency for earning of raw materials, such as procurement system in 2012, followed by electronic proof of purchase local letter of credit. The government electronic trading will be promoting local trading of electronic procedures. This study will be a preceding research on the goods control system for acquiring foreign currency and the obligation of using digitalized approval of purchase due to the revision of foreign trade law. Also, it will conduct theoretical and legal research regarding the obligation of digital establishment of the local L/C which is a result of amendments to the rules of operation for the Bank of Korea's trade finance. Further, it will analyze the legal and operational problems and its response plans for the establishment of the local trade integrated management system which promotes the digitalization of the local trade process.

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Economic Analysis of Zero Energy Building in South Korea - focusing on Cost-Benefit analysis considering Social Cost - (공사비 변화에 따른 제로에너지건축물 경제성 분석 - 사회적비용을 고려한 비용편익 분석을 중심으로 -)

  • Kim, Jae-Moon
    • Journal of the Architectural Institute of Korea Structure & Construction
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    • v.36 no.3
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    • pp.147-157
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    • 2020
  • With the increasing obligation to reduce greenhouse gas emissions to the building sector, the government has been gradually expanding its obligation to zero-energy buildings since 2020. Since the ZEB certification took effect in 2017, 48 preliminary and main certifications have been completed as of March 2019, and most of them are public buildings or even certified, but have earned Grade 5 of ZEB. This means that compared with the number of annual building permits registered in Korea, the figure is insignificant, and that it receives little if not mandatory. Therefore, this study investigated empirical cases of ZEB additional construction cost and conducted cost benefit analysis according to changes in ZEB additional construction cost based on a preliminary feasibility analysis project recently conducted by the KDI. In addition, considering the public buildings, the social costs were considered, and the cost-benefit analysis method was the same as the KDI's preliminary feasibility analysis method. The analysis shows that if the ratio of ZEB additional construction cost is more than 5 percent, it is analyzed that there is no economic feasibility, and considering that the ratio of additional construction cost in the cases of ZEB in Korea is 17 percent to 38 percent, it will not be easy to obtain ZEB certification in terms of cost. Finally, to narrow these differences in cost and economic aspects, the overseas low energy and ZEB incentive examples proposed measures such as the concept of subsidy payment in Illinois and the compensation of social costs to private ZEB.

UK Case Study for Sustainable Forest Biomass Policy Development of South Korea (지속가능한 산림바이오매스 정책개발을 위한 영국사례 연구)

  • Lee, Seung-Rok;Han, Gyu-Seong
    • New & Renewable Energy
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    • v.17 no.1
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    • pp.50-60
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    • 2021
  • This study investigated the reference case in the UK where legality and sustainability were systematically established for forest biomass represented by wood pellets. The UK is the country that best utilizes the trade value of wood pellets based on sustainability, with bioenergy accounting for 31% of total renewable energy production. The UK imported wood pellet, estimated 8,697 thousand tons in 2019. The UK government has continuously improved the renewable generation policy system to ensure the sustainability of wood pellets. The weighted average greenhouse gas emissions of a UK biomass power plant that received a Renewable Obligation Certificate (ROC) in 2018-19 was 26.71 gCO2e/MJ. These power plants are expected to meet the upper limit of 72.2 gCO2e/MJ by 2025. To issue an ROC, the biomass power plant must demonstrate that 70% of its total biofuel usage is sustainable. The UK uses the Sustainable Biomass Program (SBP) certification system, which is gradually expanding to other European countries, to prove the sustainability of biomass energy fuels. Global wood pellet production with SBP certification in 2019 was 10.5 Mt. This trend has significant implications for introducing additional sustainability into the wood pellet policy of South Korea.

Analysis of the Necessity of Introducing the Obligation to Take Safety and Health Measures for Construction Orderers using Multivariate Analysis (다변량 분석을 이용한 건설업 발주자의 안전보건조치 의무 도입 필요성 분석)

  • Lim, Se Jong;Seo, Jae Min;Won, Jeong-Hun;Kim, Chang-Won
    • Journal of the Korean Society of Safety
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    • v.37 no.1
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    • pp.20-29
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    • 2022
  • To stem the ever-prevalent occurrence of industrial accidents in the construction industry, which is emerging as a social problem, efforts must be invested by various stakeholders. Specifically, among stakeholders, the orderer is at the top of a project's decision-making structure. Therefore, the orderer's awareness of safety and health directly affects the process of securing the safety of the overall construction site. In this light, the present study aims to identify differences in the perceptions of each stakeholder regarding the obligatory safety and health measures for clients that have recently been introduced. In addition, it suggests specific implementation plans in the Korean context. The data used for analysis were collected through a survey targeting stakeholders such as orderers, safety managers, and site managers, and the collected data were quantitatively reviewed by using multivariate analysis methods such as analysis of variance. As a result of the analysis, the introduction of safety and health obligations for the owner was found to be necessary, and the designation and operation of safety and health experts as an action plan was deemed reasonable. The authors expect that the results of this study can be used as basic data for revising the related regulations in Korea. Moreover, as a further study, a review of the effectiveness after improving regulations would contribute strongly to the domain.

Guarantees of Applying Disclosure and Transparency on the Companies Listed in the Saudi Capital Market

  • Moanes, Hani Mohamed
    • International Journal of Computer Science & Network Security
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    • v.22 no.4
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    • pp.274-284
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    • 2022
  • By explaining the essence of corporate governance as well as disclosure and transparency, the study examined the guarantees of applying disclosure and transparency to firms listed on the Saudi stock exchange. The research also addressed the disclosure and transparency duties of firms listed on the Saudi stock exchange. Finance to prepare a prospectus, as the Capital Market Authority's regulations required that the prospectus includes information that enables the investor in securities to make his investment decision based on real foundations based on the issuing company's financial position and to ensure that companies fulfill that disclosure in the prospectus. Firms who fail to disclose are required by law to do so, and the Capital Market Authority's laws mandate companies listed on the financial market to regularly report fundamental events linked to the issuer or the securities issued by it. The Capital Market Authority must make it available to the public dealing with the business issuing the securities, and The Capital Market Authority's Law and Regulations have imposed fines on corporations that do not comply with disclosure and make the Board of Director's report available. The research focused on activities that the legislator deemed to be a breach of the obligation of openness, such as the danger of many measures aimed at ensuring the impartiality and transparency of trading in the Saudi financial market, as well as the absence of conflicts of interest. The research also addressed the sanctions imposed on The source for failing to meet the obligation of disclosure and openness, as well as the mechanisms of compensating persons harmed by the failure to meet that responsibility.

Is CISG Applicable and Suitable in Service Contracts?

  • Kyujin Kim
    • Journal of Korea Trade
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    • v.27 no.3
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    • pp.43-64
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    • 2023
  • Purpose - This paper studies whether CISG can be a suitable governing law for pure service contracts. When CISG was first drafted, there was little disagreement on the fact that contracts for the sale of goods and those for the provision of services were two different types of contract. Based on this understanding, CISG explicitly provides that the Convention will apply to contracts where the preponderant part of the contractual obligation is on the sale of goods, not services. However, as more sales transactions have come to include more elements of services, mainly due to the advancement of the IoT industry, the distinction between goods and services became more blurred. Based on the observation of recent changes, some scholars even argue that such a change supports the applicability and suitability of CISG to even pure service contracts. The purpose of this paper is to critically analyze and evaluate their argument. Design/methodology - This paper focuses on two separate but related issues: CISG's 'applicability' and 'suitability' to service contracts. For the first issue, this paper will examine the rules of interpretation of international treaties under the Vienna Convention on the Law of Treaties of 1969, and will apply its rules to find the proper answer. For the second issue, this paper will perform logical and empirical analyses on the reasoning employed by scholars claiming the suitability of CISG to service contracts. Findings - This paper concludes that CISG does not, and should not, apply to pure service contracts. The argument that CISG applies to pure service contracts directly contravenes Article 3(2) of the Convention, which expressly states that it does not apply to a contract wherein the preponderant part of its obligation is about services rather than sales. Similarly, CISG is not a suitable governing law for pure service contracts because it aims provide rules specifically tailored to the needs of transactions of sales of goods, not services. Servitization of sales of goods transaction does not change this conclusion. Originality/value - This paper presents different views from those offered by some eminent scholars on the issue of applicability and suitability of CISG to service contracts. By doing so, it is hoped that the confusion caused in discussions so far are clarified. Hopefully, this paper can also provide practical guidance to practitioners engaged in the fields of international sales, services, and IoT industries.