• Title/Summary/Keyword: Restricted Law

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Legal Study on Corporate Governance in China (중국법에 의한 기업지배구조에 관한 연구)

  • Kim, Jung-Ihl
    • The Journal of the Korea Contents Association
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    • v.6 no.11
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    • pp.8-14
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    • 2006
  • With an analysis of government owned corporations based on Chinese law as a subject and in the light of comparing and assessing intra-company domination called internal management organization with the domination structure of already established advanced nations, the objective of this study is to analyze the reality and possibility of company domination structure of Chinese government owned corporations. Especially, the intra-company domination structure in China from the points of view such as general meeting of stock holders, director and board of directors, and board of auditors, this study examines the direction toward which internal domination organizations in China form. Also, related to chinese corporations, the study proposes the model in which the possession right of general meeting of stock holders, corporation property right of board of directors, corporation representative right of the senior executive and superintendency of board of auditors are mutually restricted and inter-connected.

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A Study on Recoverability of Opportunity Profits Loss upon Time-Delay in Construction Contract (건설공사의 공기지연과 기회이익의 손실보전에 관한 연구)

  • Chun Jae-Youl;Lee Kyung-Kook
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.359-364
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    • 2003
  • The loss of potential opportunity profit which is consisting in the partial markups of the corporation would taking placed in related with the time-delay deeply, has customarily disregarded in contract adjustment under the principles of denial of cost accounting method, declined conjecture in the point of benefits and protection of the law in scope of compensation and the restricted conditions of constant contract. It is being resulted from that the policies of the general principles of accounting standards which is subjected to ask an objective data and evidence, and the denial system as a debt derived from imperfect legal theory applied by current law. Therefore, it is necessitated to find if any irrationality in the positive system is and further to draw an improved reasonable measures to adopt by review of constant system preparing tile reasonableness with the method of suitable quantification devices provided that any time-delay is induced by the party.

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Librarians' Perception on the Service of Cinematographic Works in Libraries and Copyright (도서관 영상자료 서비스 및 저작권에 관한 사서 인식조사)

  • Choi, Sanghee;Joung, Kyoung-Hee;Lee, Ho-Sin
    • Journal of the Korean Society for information Management
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    • v.30 no.3
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    • pp.317-335
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    • 2013
  • Cinematographic works are crucial for libraries as a part of their collections. Especially public libraries provide a variety of programs associated with cinematographic works. Copyright law considers the use of cinematographic works as a type of public performance and restricted it under certain conditions such as the released date. In addition, copyright agency challenged libraries to pay fees for cinematographic works released within 6 months. At this point, this study investigated the perception of librarians on cinematographic works and copyright issues. 292 librarians in public and academic libraries answers the questionnaire form May 8th to June 7th, 2013. In result, librarians consider services of video works as a important part of library services. They are also conscious of the exception conditions for copyright law for cinematographic works provided by library services. Furthermore, even though librarians are aware of copyright issues, they show the negative response to copyright fees for playing cinematographic works in the libraries.

Conflicts between Protected Franchise Territory and Unrestricted Delivery Trading Area

  • LEE, Soo-Duck
    • The Korean Journal of Franchise Management
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    • v.11 no.1
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    • pp.45-60
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    • 2020
  • Propose: The expansion of the delivery market in franchise business is a positive means of advertising and promotion for franchisees and contributes to substantial sales growth for stores. However, unrestricted and uncontrolled delivery sales and business activity of franchisee directly lead to encroachment of business territory between franchisees, resulting in increased operating costs of franchisees and conflicts between franchisees over rights and interests on franchise business. Moreover, in relation to the restrictions on the opening of competitors, it is incapacitating the law intent of prohibiting unfair encroachment of business territory, in the issue of the Fair Franchise Act in regard to guarantee of exclusive sales and business activity rights of franchisee. This study aims to point out major problems arising out of franchisee's infinite competition on delivery sales and business activity that are not restricted or controlled and then suggest legal supplements, policy tasks, and practical implications for improvement on the issues. Literature Review: In franchising business transactions, vertical restraints are associated with the exclusive territory establishment, control of transaction area, restriction of intangible sales and business activity of franchisee. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area. Conclusion and suggestion: The finding shows that unrestricted or uncontrolled delivery sales and business activity of franchisees cause encroachment of business territory and many conflicts among franchisees. And this matters also weaken the legislation of the law on the protection of the business territory and can be negative factors that disrupt the protection of identity and sound development of the franchise industry in the long run. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area.

An analysis of the argument-thought in Hanfeizi's Shuzhi-theory (한비자(韓非子) 술치론(術治論)의 입론사유(立論思惟) 분석(分析))

  • Kim, Yea-Ho
    • The Journal of Korean Philosophical History
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    • no.35
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    • pp.361-384
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    • 2012
  • In this study, I considered an important characteristic of system in pre-Qin philosophy that accomplished all categories with the best value. I pointed out misreading that thinkers separated fazhi-theory from shu zhi- theory of Hanfeizi. So I analyzed argument causes of Hanfeizi's shuzhi-theory through epistemology, ethics, military theory. And I proved that understanding the actual conditions and essences of things assured the objective bases on a reward and punishment. There are three things about argument bases of Hanfeizi's shuzi-theory. First, the epistemology that analyzes the actuality of a thing and that endows a duty matching the natural character of a thing. Second, ethics that isn't restricted by a fixed form and is in harmony with a law and that reveals a selfish character freely. Third, military theory, that is a trick that analyzes the quality of a case and a thing accurately. Above the three show that there are an objective basis of reward and punishment and an fair execution about a law in Hanfeizi's shuzhi-theory.

Railway Underground Crossing Method Using PC Slab (직접 PC슬래브설치를 통한 철도지하횡단 공법의 적용 연구)

  • Min, Kyung-Ju;Lee, Bang-Woo;Park, Byung-Yong
    • Proceedings of the KSR Conference
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    • 2011.10a
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    • pp.2439-2449
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    • 2011
  • Existing grade crossings between railway and roadway area gradually changed to grade separation systems by the law. In the case of new roadway construction which crosses railways, it shall be grade separation system in principle. With the railway underground crossing method, many practices have been developed which can minimize rail displacements and avoid rail release. With these methods, the effects to the train can be reduced. The underground crossing methods can be identified as open-cut methods and non open-cut methods. The open-cut methods include temporary support methods and special rail construction methods. Also the non open-cut methods includes pipe roof methods, front jacking methods, messer shield methods, NTR methods and JES methods. Among these, the most suitable method is applied considering safety, economy, class of each rail system (train passing frequency and velocity), etc. In the non open-cut methods, the cost and duration shall be increased to keep existing rail system during construction. In the open-cut methods which use plate girders, the rail speed shall be restricted due to the displacement and vibration of the girder. In this study new grade separation methods were developed. With this method, the safety during construction can be increased. This method refines temporary support methods, but pc slab girder with huge stiffness is applied instead of plate girders. With this method, the rail displacement can be reduced and higher safety can be obtained during construction. Also construction cost and duration can be minimized because the temporary work and the overburden soil depth can be reduced.

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Process of Cost Estimation in Feasibility Analysis Considering ratio of Renewable Portfolio Standard (신·재생에너지 공급의무화제도(RPS) 비율을 고려한 타당성 분석의 공사비 산정 프로세스)

  • Yang, Hyun-Ju;Kim, Jong-Hyeob;Han, Sangwon;Hyun, Chang-Taek
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2014.05a
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    • pp.44-45
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    • 2014
  • Recently the Korean government also has strictly restricted a law such as GBCC(Green Building Certification Criteria)and RPS(Renewable Portfolio Standard) on the construction. Especially the government announced a obligation of renewable energy consumption over 12% for all the public buildings of total area over 1,000㎡ since 2014. Regarding to the policy, this study presented the economics of energy analysis of the public office buildings that supplies 12% renewable energy output in the early stage of construction project. This paper calculated on CO2 emission by the geothermal, solar heat, and solar photovoltaic system and estimated the saving cost. Reduced cost through the energy saving are predicted to influence on the total construction cost. As a result air pollution and energy saving cost are expected that renewable energy system would be saving total initial cost of construction on planning phase.

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Construction of LAN Using Asynchronous Code Division Multiplexing by Spread Spectrum Technique and a New Scheme of Cancelling Co-channel Interference (스펙트럼 확산 통신방식을 이용한 타국간 간섭제거 비동기 부호 분할 LAN의 구성)

  • 이동욱;변건식;김명기
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.14 no.6
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    • pp.729-743
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    • 1989
  • A spread spectrum(ss) communication system has a lot of advantage, such as realzation of asynchronous code division multiplexing(CDM), robutness to narrow-band interference, impulse noise, privacy function, and so on. We have considered utilization of these advantage to develop a local area network(LAN) using such a transmission channel as power-line. In a power-line, however, restricted bandwidth under the law makes it difficult to carry out CDM, and in a radio channel the sysstem has a near-far problem. These problems originate in co-channel interference, which is due to cross-correlation among pseudo-noise sequences of every channel in CDM. In this paper, we propose a new scheme of easily cancelling co-channel interference and investigate its performance by constructing a LAN using SS technique.

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Study on Reform of Development Regulations in Greenbelt - Focused on Agricultural, Forestry and Fisheries Facilities - (그린벨트내 개발행위허가 규제제도의 변천에 관한 연구 - 농림수산업용 시설을 중심으로 -)

  • Lee, Sang-Won;Sato, Yohei
    • Journal of Korean Society of Rural Planning
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    • v.6 no.1 s.11
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    • pp.10-18
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    • 2000
  • The objective of this study is to analyze 1) the law system in relation with the development permissions 2) characteristics of the development permissions change 3) especially focusing on the development permissions changes in agricultural, forestry and fisheries facilities in light of socio - economic conditions in Korea Greenbelt. The following results were obtained: 1) The purpose of Greenbelt in Korea is to control the land use in order to protect the surrounding areas from urbanization. 2) During the 1990s, the number of formulated development regulations increased one and half times than that of the previous decades(1970s 1980s). The main reasons are advancements of local autonomy and democratization. 3) Three patterns were observed with respect to ease the regulations in agricultural, forestry and fisheries facilities those are: (1) increase in types of businesses ; (2) increase the maximum area permitted ; (3) decrease in qualification for establishing facilities. 4) There were few development permissions in a agricultural, forestry and fisheries facilities in consideration to the regional agricultural condition. The development permissions were only during the period of restricted to use ($1979.12{\sim}1993.11$). We propose that the authority of development permission should be given to the local autonomy government, because the local government has the knowledge of its individual agricultural conditions.

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Genetic diversity and population structure of endangered Neofinetia falcata (Orchidaceae) in South Korea based on microsatellite analysis

  • Han, Jeong Eun;Choi, Byoung-Hee;Kwak, Myounghai
    • Journal of Species Research
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    • v.7 no.4
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    • pp.354-362
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    • 2018
  • Population genetic assessment is essential for the conservation and management of endangered and rare plants. Neofinetia falcata is endangered epiphyte orchid and protected by law in Korea. In Korea, this species is only found on islands in the South Sea of Korea (including Jeju-do) and the southern coast of the Korean Peninsula. We developed nine microsatellite makers to assess the genetic diversity and population genetic structure of three populations of N. falcata. The genetic diversity at the species level was low, which can be attributed to inbreeding or fragmentation into small, isolated populations. A recent bottleneck was detected in one population, likely due to overcollection. N. falcata exhibited moderated levels of differentiation among populations, with the three populations were divided into two clusters based on genetic structure. The genetic diversity and structure of N. falcata are affected by restricted gene flow by pollen or seeds due to isolation and geographic distance. Strategies for in situ and ex situ conservation of this species are been proposed based on the results of our study.