• Title/Summary/Keyword: Public owner

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A Basic Study on The Management Plan of Traditional Gardens in Folk Houses as a Park (민가정원의 효율적 유지관리를 위한 공원화 방안에 대한 기초연구)

  • Yeom, Sung-Jin
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.33 no.3
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    • pp.50-57
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    • 2015
  • A traditional garden in Korea has diverse cultural, historical values, such as the then phases of the times, life phase, culture and art, etc. because it was developed on the basis of the harmony between nature and artificial structures. However, in reality, it's urgent to do efficient, continuous maintenance of traditional gardens which are being damaged and lost due to the problems like an owner's aging, inheritance, and lack of management, etc., especially in case of private property which was designated as a cultural property among such traditional gardens under the Cultural Properties Protection Law. Accordingly, this study conducted this research in a bid to use these research results as basic evidentiary materials for suggesting directivity in introduction of park planning of traditional gardens in folk houses in the near future by implementing the case investigation of transformation into public parks from traditional private gardens in Japan, which is putting the newly introduced park planning to efficient use, together with its systematic management, and the survey on domestic traditional gardens in folk houses status, as well as the hearing-based survey on a traditional gardens in folk houses owner's level of willingness to accept the introduction of parking planning. As a result, this study could confirm that in case of traditional gardens in Japan, they are mobilizing the revenue from admission fees for traditional gardens maintenance by incorporating the main entity of possession, and Japan is promoting transformation of traditional gardens into parks on the basis of use and preservation through the connection with local governments and research institutes. In addition, as a result of surveying domestic traditional gardens in folk houses, it was found that most of the garden owners had hardships in its management, and they were positive about systematic maintenance of gardens through park planning.

A Review of the Legal Responsibility of Dog Owners regarding Dog Bite Accidents - Focused on a Comparison with American Dog Bite Legislation - (개물림 사고에 대한 소유자의 법적 책임에 관한 소고 - 미국의 개물림 법제와의 비교를 중심으로 -)

  • Baek, Kyoung-Hee;Shim, Young-Joo
    • Journal of Legislation Research
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    • no.54
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    • pp.261-301
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    • 2018
  • In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

Computation of Optimal Path for Pedestrian Reflected on Mode Choice of Public Transportation in Transfer Station (대중교통 수단선택과 연계한 복합환승센터 내 보행자 최적경로 산정)

  • Yoon, Sang-Won;Bae, Sang-Hoon
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.6 no.2
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    • pp.45-56
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    • 2007
  • As function and scale of the transit center get larger, the efficient guidance system in the transit center is essential for transit users in order to find their efficient routes. Although there are several studies concerning optimal path for the road, but insufficient studies are executed about optimal path inside the building. Thus, this study is to develop the algorithm about optimal path for car owner from the basement parking lot to user's destination in the transfer station. Based on Dijkstra algorithm which calculate horizontal distance, several factors such as fatigue, freshness, preference, and required time in using moving devices are objectively computed through rank-sum and arithmetic-sum method. Moreover, optimal public transportation is provided for transferrer in the transfer station by Neuro-Fuzzy model which is reflected on people's tendency about public transportation mode choice. Lastly, some scenarios demonstrate the efficiency of optimal path algorithm for pedestrian in this study. As a result of verification the case through the model developed in this study is 75 % more effective in the scenario reflected on different vertical distance, and $24.5\;{\sim}\;107.7\;%$ more effective in the scenario considering different horizontal distance, respectively.

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A Study on the Duty of the Business Owner in the Contents(Casino) Corporation related with the Commercial Law - In the case of claim for damages of the gambler against the Kangwon Land(Supreme Ct. 2014.8.21, 2010다92438 case) (상법상 유기장콘텐츠 영업주(카지노영업주)의 주의의무에 관한 연구 -강원랜드 카지노 이용자의 손해배상청구의 경우 (대판 2014.8.21., 2010다92438 전원합의체 판결))

  • Chun, Woo-Hyun
    • The Journal of the Korea Contents Association
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    • v.17 no.12
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    • pp.180-190
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    • 2017
  • This is Kangwon Land casino case due to the damages of betting money, which is likely to affect the contents industry in the future. The reason why the gambler and his family's suit is that why the manager did not control their own access or did not supervise the wagering rules. The provisions of the "Restriction on the amount of money to be paid to the casino" in the Article 14 of the Enforcement Decree of the Act on the Support for the Development of the Abandoned Mine Area are not intended to increase the duty of the casino managers. It is just one of many public regulations imposed. No matter what legislation is made for public interest, it can not be considered equally in the private duty. If so, too much effort will be required to enact or amend the public law and this makes the legislative activity impossible. The Act on the Restriction on Access to the Casino shall be construed accordingly. From the point of view of economic efficiency theory, if we overestimate statutory duties (liability for compensation) excessively, the price goes up on the market, and the volume of transaction decreases drastically. This reduces the economic utility of resources in the society as a whole (total output, foreign currency acquisition amount, etc.).

Challenges and Prospects of the Citizen Media Movement in the Lee-Park Regime (한국 시민언론운동의 특성과 전망 이명박·박근혜 정권시기를 중심으로)

  • Chung, Yeonwoo
    • Korean journal of communication and information
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    • v.81
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    • pp.122-152
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    • 2017
  • The media movement is a movement to separate from the political power and to dismantle the media power and to seek the control of citizens' media. Political power is the biggest factor that violates the fairness and independence of the media in the public domain. On the other hand, the factor that interferes with the healthy and responsible media of the press in the private sector is the media power originating from the owner. Citizens 'media campaign emphasizes citizens' mobility as a subject that monitors the political power and media power that have the sovereignty of the media belonging to the citizen and may infringe on this sovereignty.In the Lee Myung Bak - Park Geun Hye regime, the civil press movement was a period of resistance and struggle. Citizen media campaigns have completely collapsed with governance. As a result, the intellectuals who have expertise in the media have lost their place in the discussion and presentation of the policy alternatives in which the policy production is centered. The influence of citizen media organizations, which are centered on activists rather than citizen's direct action, is limited. In order to strengthen the power of the media reform, it is necessary to reconstruct social forces such as civil society, media unions, media organizations and political forces. We should also look for various ways in which citizens can participate actively in the agenda and activities of the movement. In addition, it is necessary to expand the movement of the media.

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A Selection Model of Suitable Tendering System for Public Construction Projects (공공건설공사의 최적 입찰방식 선정모델)

  • Yu, Il-Han;Kim, Kyung-Rai
    • Korean Journal of Construction Engineering and Management
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    • v.9 no.3
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    • pp.164-174
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    • 2008
  • It is crucial In decision making to select a project delivery system (PDS) adjusted accordingly to the project characteristics. Furthermore, selecting a tendering system is the kernel in the process of selecting PDS. In October 2007, the Ministry of Finance and the Economy of Korea launched two new project delivery systems, "Best Value Contract (Design-Bid-Build)" and "Bridging Contracts (Design-Build)" by revising enforcement ordinances of "Act on Contracts to Which the State is a Party" to provoke the tendering systems. In order to support the proposed purpose, this research developed a selection model for suitable tendering system, which helps a public owner select a tendering system appropriate to the project characteristics. First, the framework of the model was set throughout analyzing previous researches and interviewing relevant experts. Additionally, by analyzing the survey result from 265 experts engaged in architectural and civil engineering business, the relative weights of the selection factors and the effectiveness values of the alternatives were suggested as the quantitative evaluation references. Finally, the practical guideline was suggested to apply this model to three public projects scheduled to be delivered. The result of applying the model to three case projects showed that further researches were needed to make the selection process logical and to suggest the standard weights and effectiveness values according to project type.

The Economic Effects of Tax Incentives for Housing Owners: An Overview and Policy Implications (주택소유자(住宅所有者)에 대한 조세감면(租稅減免)의 경제적(經濟的) 효과(效果) : 기존연구(旣存硏究)의 개관(槪觀) 및 정책시사점(政策示唆點))

  • Kim, Myong-sook
    • KDI Journal of Economic Policy
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    • v.12 no.2
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    • pp.135-149
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    • 1990
  • Housing owners in Korea have a variety of tax advantages such as income tax exemption for the imputed rent of owner-occupied housing, exemption from the capital gains tax and deduction of the estate tax for one-house households. These tax reliefs for housing owners not only conflict with the principle of horizontal and vertical equity, but also lead to resource misallocation by distorting the housing market, and thus bring about regressive distribution effects. Particularly in the case of Korea with its imperfect capital market, these measures exacerbate the inter-class inequality of housing ownership as well as inequalities in wealth, by causing the affluent to demand needlessly large housing, while the poor and young experience difficulties in purchasing residential properties. Therefore, the Korean tax system must be altered as follows in order to disadvantage owner-occupiers, especially those owners of luxury housing. These alterations will promote housing-ownership, tax burden equity, efficiency of resource allocation, as well as the desirable distribution of income. First, income tax deductions for the rent payments of tenants are recommended. Ideally, the way of recovering the fiscal equivalence between the owner-occupiers and tenants is to levy an income tax on the former's imputed rents, and if necessary to give them tax credits. This, however, would be very difficult from a practical viewpoint, because the general public may perceive the concept of "imputed rent" as cumbersome. Computing the imputed rent also entails administrative costs, rendering quite reasonable, the continued exemption of imputed rent from taxation with the simultaneous deduction in the income tax for tenants. This would further enhance the administrative efficiency of income tax collection by easing assessment of the landlord's income. Second, a capital gains tax should be levied on the one-house household, except with the postponement of payments in the case that the seller purchases higher priced property. Exemption of the capital gains tax for the one-house household favors those who have more expensive housing, providing an incentive to the rich to hold even larger residences, and to the constructors to build more luxurious housing to meet the demand. So it is not desirable to sustain the current one-house household exemption while merely supplementing it with fastidious measures. Rather, the rule must be abolished completely with the concurrent reform of the deduction system and lowering of the tax rate, measures which the author believes will help optimize the capital gains tax incidence. Finally, discontinuation of the housing exemption for the heir is suggested. Consequent increases in the tax burden of the middle class could be mitigated by a reduction in the rate. This applies to the following specific exemptions as well, namely, for farm lands, meadows, woods, business fields-to foster horizontal equity, while denying speculation on land that leads to a loss in allocative efficiency. Moreover, imperfections in the Korean capital market have disallowed the provision of long term credit for housing seekers. Remedying these problems is essential to the promotion of greater housing ownership by the low and middle income classes. It is also certain that a government subsidy be focused on the poorest of the poor who cannot afford even to think of owning a housing.

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Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

Development of an Operation Model for Technical Proposal-Based Tender of Public Construction Projects (공공건설공사의 기술제안형 입찰 운영모델 개발)

  • Yu, Il-Han;Kim, Kyung-Rai
    • Korean Journal of Construction Engineering and Management
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    • v.9 no.2
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    • pp.136-145
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    • 2008
  • Recently the Ministry of Finance and Economy of Korea launched two new project delivery systems called "Best Value Contract (Design-Bid-Build)" and "Bridging Contract (Design-Build)" in October of 2007 by revising enforcement ordinances of "Act on Contracts to Which the State is a Party". These project delivery systems require the bidders to submit technical proposal adjusted to the project characteristics and objectives for selecting the contractor by evaluating technical proposals. This research aimed to suggest guideline to effectively operate the project delivery systems described above. To reach the goal of the research, the framework of the operation model was developed, which includes the four categories: the standard bidding process, the technical proposal requirements, the technical proposal evaluation criteria, and the award methods. The contents of the four categories above were fulfilled throughout conferring with the advisory experts. In particular, the award methods, which are the important decision-making factor in the perspective of the owner, consist of four types: Low Bid-Fully Qualified, Weighted Criteria, Adjusted Bid, and Adjusted Score. The quantitative features and application criteria of these four types of award methods were suggested throughout the simulation using the virtual case.

Caprine Dermatitis Caused by Trichophyton mentagrophytes (Trichophyton mentagrophytes에 의한 염소의 피부염)

  • Pal Mahendra;Sukumaran K.;Sejra Anand Ram;Lee Chang Woo
    • Journal of Veterinary Clinics
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    • v.8 no.2
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    • pp.147-152
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    • 1991
  • Trichophyton mentagrophytes was described as a primary cause of mycotic dermatitis in two young goats housed together in a humid, ill-ventilated and unhygienic byre. The diagnosis in both the cases was established on the detection of fungal element in the skin scrapings by potassium hydroxide technique and isolation of the pathogen in pure growth on mycological medium at 30$^{\circ}C$. The lesions were found on the face of one kid and on the neck and ear of another one. Two adult goats housed in the same enclosure were found to be free from this disease. Further, there was no evidence of ringworm in the goat owner and his family members. Genetic crossing of both the isolates on modified sunflower seed medium indicated that they belonged to (―) mating type. Hair performation test revealed the keratolytic activity of both the strains of T. mentagrophytes. The public health significance and chemotherapy are also discussed. The question of source of infection could not be emphatically established.

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