• 제목/요약/키워드: Responsibility limit

검색결과 66건 처리시간 0.032초

THE SUCCESS FACTORS OF PARTNERING IN THE SOUTH KOREA PM&CM MARKET

  • Bok-Nam Lee;Hyoun-Seung Jang;Seok-In Choi
    • 국제학술발표논문집
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    • The 1th International Conference on Construction Engineering and Project Management
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    • pp.737-743
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    • 2005
  • Since the designation of the South Korean Construction industry as an open market industry by the World Trade Organization (WTO) in 1994, South Korea's construction firms were exposed to competition from firms of other advanced countries. Increased competition in the industry raised quality of production and lowered the cost of construction projects. Therefore, many big construction projects were planned and constructed with foreign construction partners during the last decade. Also, from those projects the South Korea Construction industry accumulated experience in and knowledge of both project management and construction management perspectives. However, in the process of conducting those big projects, many problems - specifically responsibility and the limit of competence - occurred between foreign construction partners. Hence, this study attempts to improve its role model that is for local and foreign companies to enter into Joint Ventures in the South Korea construction industry.

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해양사고에 있어서 책임귀속의 제한 필요성에 관한 연구 (A Study on the Necessity of Limitation for Legal Liability in Marine Accidents)

  • 지상원
    • 한국항해항만학회지
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    • 제34권3호
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    • pp.251-255
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    • 2010
  • 해양사고는 민사법상의 손해배상, 형법상의 책임의 귀속 및 행정상의 제재와 같은 여러 가지 법적 책임 문제를 야기한다. 어떠한 행위에 의하여 결과가 발생하였다고 하여 바로 책임귀속이 되는 것은 아니다. 이러한 책임의 전제로서 해양사고를 야기한 행위와 그 결과 발생사이에 인과관계가 문제된다. 해양사고에 있어서 그 원인 규명은 해양이라는 사고 발생 장소, 증거확보의 어려움, 사고 발생시와 조사 시점과의 시간차 등으로 어려움이 많다. 그러나 정확한 원인 규명은 유사 사고 방지와 책임 소재를 가리는데 매우 중요한 요소이다. 인과관계를 논리학적으로 보면 무한히 확산 가능한 개념이지만 책임귀속에 있어서는 이를 제한할 필요성이 있다. 따라서 이 논문에서는 인과관계 이론을 바탕으로 해양사고에서의 인과관계를 검토하여 책임귀속의 합리적인 판단 기준을 논증한 것이다.

인공물과 책임귀속 조건 (Artifacts and Conditions for Attribution of Responsibility)

  • 김남호
    • 철학연구
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    • 제147권
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    • pp.59-76
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    • 2018
  • 어떤 존재 x를 도덕적 행위자로 만들어주는 조건은 무엇인가? 인공물도 도덕적 행위자일 수 있는가? 도덕적 행위자는 옳고 그름을 판단할 수 있는 이성적 존재로 간주된다. 본 논문에서는 우선 이성적 존재에 대한 조건에 대한 데이빗슨의 입장을 비판적으로 분석하면서, 명제적 태도(propositional attitude)를 가지는 믿음과 그 배경으로서의 믿음들의 연결망은 이성적 존재의 필요조건이 될 수 없음이 논증된다. 그런 뒤에 도덕적 행위자의 조건에 대한 프로케소바(Eva $Proke{\check{s}}ov{\acute{a}}$)의 입장에 대한 분석을 통해서 프로케소바가 제시한 조건들은 단지 피상적인 요소들의 병렬적 나열에 불과함이 밝혀진다. 본 논문에서 도덕적 행위자는 이성적 행위자를 포함하며, 강한 일인칭 시점이 이성적 행위자와 도덕적 행위자의 필요충분조건임이 논증된다. 결론적으로 도덕적 행위자로서의 가능성을 완강하게 부정하는 강한 회의론 대신에 도덕적 행위자의 조건을 제시함으로써 인공물의 행위자 가능성에 잠정적 한계를 설정해주는 온건한 회의론의 밑그림이 제시될 것이다.

2011년 주요 의료 판결 분석 (Review of 2011 Major Medical Decisions)

  • 유현정;서영현;이정선;이동필
    • 의료법학
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    • 제13권1호
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    • pp.199-247
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    • 2012
  • According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

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대규모 AC/DC 전력 시스템 실시간 EMP 시뮬레이션의 부하 분산 연구 (Analysis of Distributed Computational Loads in Large-scale AC/DC Power System using Real-Time EMT Simulation)

  • 박인권;이종후;이장;구현근;권용한
    • KEPCO Journal on Electric Power and Energy
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    • 제8권2호
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    • pp.159-179
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    • 2022
  • Often a network becomes complex, and multiple entities would get in charge of managing part of the whole network. An example is a utility grid. While the entire grid would go under a single utility company's responsibility, the network is often split into multiple subsections. Subsequently, each subsection would be given as the responsibility area to the corresponding sub-organization in the utility company. The issue of how to make subsystems of adequate size and minimum number of interconnections between subsystems becomes more critical, especially in real-time simulations. Because the computation capability limit of a single computation unit, regardless of whether it is a high-speed conventional CPU core or an FPGA computational engine, it comes with a maximum limit that can be completed within a given amount of execution time. The issue becomes worsened in real time simulation, in which the computation needs to be in precise synchronization with the real-world clock. When the subject of the computation allows for a longer execution time, i.e., a larger time step size, a larger portion of the network can be put on a computation unit. This translates into a larger margin of the difference between the worst and the best. In other words, even though the worst (or the largest) computational burden is orders of magnitude larger than the best (or the smallest) computational burden, all the necessary computation can still be completed within the given amount of time. However, the requirement of real-time makes the margin much smaller. In other words, the difference between the worst and the best should be as small as possible in order to ensure the even distribution of the computational load. Besides, data exchange/communication is essential in parallel computation, affecting the overall performance. However, the exchange of data takes time. Therefore, the corresponding consideration needs to be with the computational load distribution among multiple calculation units. If it turns out in a satisfactory way, such distribution will raise the possibility of completing the necessary computation in a given amount of time, which might come down in the level of microsecond order. This paper presents an effective way to split a given electrical network, according to multiple criteria, for the purpose of distributing the entire computational load into a set of even (or close to even) sized computational loads. Based on the proposed system splitting method, heavy computation burdens of large-scale electrical networks can be distributed to multiple calculation units, such as an RTDS real time simulator, achieving either more efficient usage of the calculation units, a reduction of the necessary size of the simulation time step, or both.

Corporate Governance and Earnings Management: A Study of Vietnamese Listed Banks

  • TRAN, Quoc Thinh;LAM, To Trang;LUU, Chi Danh
    • The Journal of Asian Finance, Economics and Business
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    • 제7권12호
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    • pp.389-395
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    • 2020
  • Earnings management is a matter of concern for organizations because it affects the interests of stakeholders. This reduces the quality of information on financial statements of the organizations when the organization performs earnings management behavior. The objective of the article is to examine the impact of corporate governance on earnings management of all Vietnamese listed banks from 2015 to 2019. The article uses time-series data and ordinary least square (OLS) with Eviews 10.0 software to test the regression model. The agency and asymmetry information theory is used to explain the relationship between corporate governance and earnings management. The study results show that two variables - the foreign members of the board of directors and audit committee - have an opposite effect on earnings management behavior of Vietnamese listed banks. Therefore, the managers of listed banks need to raise awareness to express responsibility for honest and reasonable information on the financial statements. This creates trust and credibility for stakeholders. Moreover, Central bank of Vietnam should monitor regularly and enforce strict sanctions to limit earnings management behavior of listed banks. This contributes to improving the quality of accounting information in the Vietnamese banking sector to meet the trend of international economic integration.

The Potentiometric Studies on the Effects of Various Functional Groups in Disiloxane as an Anion-Selective Ionophore

  • Jung, Hyo-Jin;Lee, Myong-Euy;Lim, Chae-Yun;Paeng, Ki-Jung
    • Bulletin of the Korean Chemical Society
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    • 제26권1호
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    • pp.57-62
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    • 2005
  • The potentiometric responses for various anions are investigated with membrane electrode (membrane 1) based on 1,3-diethyl-1,3-dihydroxy-1,3-bis(2-dimethylaminomethyl ferrocenyl) disiloxane. The nitrate ion-selective electrode based on compound 1 gave a good Nernstian response of 58.18 mV per decade for nitrate with the detection limit of −e5.66 of log [NO3−e]. Compound 1 has all those functional groups and the other two compounds have less functional group of ferrocenyl or ferrocenyl and hydroxide, respectively. Even though, potentiometric response to anions was excellent at pH 5, the selectivity pattern for all three membrane electrode based on series of disiloxane is almost like Hofmeister sequence at pH 5. However, the membrane electrode 1-3 exhibited very different response to anions at pH 7. In this pH, NH2 is not protonated and ionophore may act as neutral carrier. Hydrogen bond may enhance the responsibility to hydrogen acceptors and intramolecular electro-active site may increase the permeability of analyte to ionophore in membrane.

Job Satisfaction of Industrial Women Specializing in STEM in The Busan-Ulsan-Gyeongnam Region

  • Chung, Sook-Hyun;Park, Sung-Mi
    • 공학교육연구
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    • 제13권2호
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    • pp.59-63
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    • 2010
  • A survey was conducted on 300 working women(one woman/company) who specialize in STEM(Science, Technology, Engineering and Mathematics) in the Busan region(south of Korea) to determine their job satisfaction. The overall response of women working in industry is relatively positive although they do experience a certain limit as female workers. The serious difficulties are long work hours and restriction of behavior in consequence of being the minority. Respondents anticipate an increase in number of working women in the STEM field due to the enforcement of women resource policies in Korea. Survey results about career development show that some of the most important factors in professionalism are responsibility, gumption and cooperation. The expectation of promotion is very low. Sexual discrimination is distinctly appearing in wages and promotions. If they decide to quit their job in the midstream, the key reason is in the difficulties of compatibility between home and occupation. Survey results about job satisfaction to work in industry reveal that 31.0% of respondents are satisfied because their job is consistent with their specialty; 30.7% of respondents are working where they wanted. Among respondents who intend to change their job, only 20.7% of respondents wanted to keep their specialties. Two factors involved in the respondents' satisfaction during work are special technical achievement and practical application of their knowledge. But, they are unsatisfied in terms of implementing their leadership.

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성인의 건강개념과 건강행위에 대한 서술적 연구 (Exploratory Study of The Korean Health Concept and Health Behaviors)

  • 김애경
    • 대한간호학회지
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    • 제24권1호
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    • pp.70-84
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    • 1994
  • People experience health behaviors for themselves and theses have diversity according to each culture and people and further there is an inherent meaning in health behavior The purpose of this study was to explore the health cconcept of Korean people and their pattern of health behavior The research method was a questionaire including open questions and the subjests were 164 adults age from 21 to 61. The result of this study are as follows : 1. Perceived health concepts by adults were “possibility”, “responsibility”, “being free”, “happiness”, “brightness”, “power”, “life”, “importance”, “mental rest”, “state of nnonilliness”, “death” 2. Health behaviors carried out by Korean adults were “maintance of psychological comfort”, “exercise”, “work”, “maintance of balanced diet”, “having a hobby”, “eating health food”, “health check up”, “prevention of hazards”, “eating natural food”, “maintenance of personal relationships”, “rest”, “having religion”, “making contract with nature”, “relaxation”, “limit one’s tastes”. 3. The perceived purposes of health behavior by Koran adults were maintenance of a joyful life, health maintenance, health restoration, prevention of illness, achievement of reponsibility, haying a hobby, longevity, peaceful death. Korean health concepts in this study showed a trend that reflects the rule of family and forcused harmony and eating habits. Korean health behavior in this study showed a trend that forcuses on emotional comfort which reflects oriental thinking. The result of this study will contribute to build a theory of health behavior and to derive strategies of health behavior to promote health.

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한(韓).미(美) 신용장판례(信用狀判例) 비교평석(比較評釋) : 하자면제교섭(瑕疵免除交涉)과 추인(追認)의 해석기준(解釋基準) (A Comparative Analysis on Korea-US Documentary Credit Case Law based on the Waiver and Ratification)

  • 김기선
    • 무역상무연구
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    • 제16권
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    • pp.7-34
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    • 2001
  • This Study analyzes the fact that whether or not, the applicant, by failing to object promptly to the facial discrepancies of the presented documents and to return those documents to the issuing bank, has waived his right to sue for breach of the Application agreement based on the recent Korea-US Case law. Some commentators claim that an applicant has a duty to notify the issuing bank within a reasonable time after receiving the documents that they do not comply with the letter of credit requirements and to return those documents to the issuing bank, and also suggest that a failure to do so result in a waiver of discrepancies that operates as a matter of law. But such decisions make little sense in letter of credit transaction. Unless otherwise agreed, Applicant agreement does not require that the applicant notify the issuing bank of any facial discrepancies of the documents or return those documents. Moreover there is no support in the body of law, i.e., UCP 500 or the Revised UCC Article 5, for an automatic waiver or preclusion arising from the applicant's failure to object promptly. In addition, beyond the lack of authority to support an automatic waiver arising from the applicant's failure to object and return the documents, in a letter of credit transaction the issuing bank is the only party charged with the duty of scrutinizing documents. Therefore, if there are discrepancies, it is the bank that should have to seek an express waiver from the applicant ; the issuing bank should not avoid responsibility for failing to notice discrepancies because the applicant was slow to scrutinize the documents closely or because the applicant failed to inform the issuing bank of such discrepancies. Requiring that applicants inspect documents independently defeats the purpose of retaining the issuing bank, erodes the bank's responsibility to perform its role diligently, and may result in the bank avoiding liability despite negligent payment. If the bank wants to require an applicant to report discrepancies promptly, he may include a provision in the Application agreement limiting the time limit within which the applicant must give notice of facial discrepancies and return the documents. This approach will ensure the continued wide-spread use of documentary credit as a reliable payment mechanism.

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