• Title/Summary/Keyword: Violation

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Effects of Stockholders' Secondary Tax Liability on Corporate Investment

  • JANGWOOK LEE
    • KDI Journal of Economic Policy
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    • v.46 no.2
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    • pp.1-20
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    • 2024
  • This study analyzes the impact of secondary tax liability borne by stockholders, an exception to the principle of limited liability, on corporate investment. The paper constructs a model of a firm to examine the effect of this secondary tax liability, finding that the violation of limited liability increases firms' expected bankruptcy costs, thereby reducing investments. By means of an empirical analysis, the paper examines whether firms with the largest shareholder stake exceeding 50%, the condition under which secondary tax liability is incurred, decrease their investments. The results show that firm investment is highly concentrated in observations of cases in which the largest shareholder stake does not exceed 50%. Investments decrease sharply in cases where the largest shareholder stake exceeds 50%. The results here provide implications pertaining to how exceptions of the limited liability principle, existing only in Korea, affect corporate investments.

The Utilization of DEM Made by Digital Map in Height Evaluation of Buildings in a Flying Safety Area (비행안전구역 건물 높이 평가에서 수치지형도로 제작한 DEM의 활용성)

  • Park, Jong-Chul;Kim, Man-Kyu;Jung, Woong-Sun;Han, Gyu-Cheol;Ryu, Young-Ki
    • Journal of the Korean Association of Geographic Information Studies
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    • v.14 no.3
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    • pp.78-95
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    • 2011
  • This study has developed various DEMs with different spatial resolutions using many different interpolation methods with the aid of a 1:5,000 digital map. In addition, this study has evaluated the vertical accuracy of various DEMs constructed by check point data obtained from the network RTK GPS survey. The obtained results suggest that a DEM developed from the TIN-based Terrain method performs well in evaluating height restriction of buildings in a flying safety area considering general RMSE values, land-type RMSE values and profile evaluation results, etc. And, it has been found that three meters is the right spatial resolution for a DEM in evaluating height restriction of buildings in a flying safety area. Meanwhile, elevation values obtained by the DEM are not point estimation values but interval estimation values. This can be used to check whether the height of buildings in the vicinity of an airfield violates height limitation values of the area. To check whether the height of buildings measured in interval estimation values violates height limitation values of the area, this study has adopted three steps: 1) high probability of violation, 2) low probability of violation, 3) inconclusiveness about the violation. The obtained results will provide an important basis for developing a GIS related to the evaluation of height restriction of buildings in the vicinity of an airfield. Furthermore, although results are limited to the study area, the vertical accuracy values of the DEM constructed from a two-dimensional digital map may provide useful information to researchers who try to use DEMs.

The Legal Interest of Doctor's Duty to Inform and the Compensation to Damages for Non-pecuniary Loss (의료행위에서 설명의무의 보호법익과 설명의무 위반에 따른 위자료 배상)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.37-73
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    • 2020
  • Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

Changes in State Curiosity and State Anxiety in Science Learning Depending on Confronting Violation of Expectation (과학 학습에서 불일치 현상 대면 여부에 따른 상태호기심 및 상태불안의 변화)

  • Kang, Jihoon;Kim, Jina
    • Journal of Korean Elementary Science Education
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    • v.41 no.3
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    • pp.521-537
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    • 2022
  • State curiosity and state anxiety in the science learning have a great influence on academic performance and achievement. Since the levels of state curiosity and anxiety can change at any moment, it is essential to identify the levels of student's state curiosity and state anxiety throughout the course of science learning. Accordingly, we assessed the changes in state curiosity and anxiety levels sensed by 5th- and 6th-grade elementary school students depending on their exposure to the violation of expectation. To this end, we classified science learning into three situations: confronting a scientific task, checking the result, and learning science concepts. As a result, there was no significant difference in state curiosity level of the nVOE group who confronting the result consistent with their expectations in checking the result after confronting a scientific task, but the state curiosity level of the VOE group who facing violation of their expectation increased. In the VOE groups, there was no significant change in the state curiosity level of the VOE-R group who correctly inferred the reason for the result, but that of the VOE-FR group who could not correctly inferred increased. The state anxiety levels of the VOE and nVOE groups decreased after checking the result of the task. The state anxiety level also declined in the VOE-R group. In contrast, there was no significant change in state anxiety level of the VOE-FR group. In learning science concepts of the result after checking the result, the state curiosity of the VOE, nVOE, and VOE-FR group all faded. No significant change was observed in the state anxiety level of the nVOE group, whereas the VOE, VOE-R, and VOE-FR group presented a decreased state anxiety. This study discusses the educational implication of these findings and its outcomes are expected to broaden the understanding of emotional states of students in science learning.

Analysis of Speeding Characteristics Using Data from Red Light and Speed Enforcement Cameras (다기능단속카메라 수집 자료를 활용한 과속운전 특성 분석)

  • PARK, Jeong Soon;KIM, Joong Hyo;HYUN, Chul Seng;JOO, Doo Hwan
    • Journal of Korean Society of Transportation
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    • v.34 no.1
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    • pp.29-42
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    • 2016
  • Speeding is an important factor in traffic safety. Speed not only affects crash severity, but is also related to the possibility of crash occurrence. This study presents results from an analysis of 27,968 speed violation cases collected from 36 red light and speed enforcement cameras at signalized intersections in the city of Cheongju. Data included details of their violation history such as speeding tickets within a recent 3-year span and their demographic characteristics. The goal of this analysis is to understand the correlation between speed violations and various factors in terms of humans, vehicles and road environments. This study used descriptive statistics and Binary Logistics Regression(BLR) analysis with SPSS 20.0 software. The major results of this study are as follows. First, speed violations occurred at rural and suburban area. Second, about 25.6% of the violators committed to more than 20km/h over a speed limit. Third, the difference between speed violators and normal drivers clearly appeared in location of intersection(urban/rural/suburban area), gender and age. Finally, a statistically significant model(Hosmer and Lemeshow test: 11.586, p-value: 0.171) was developed through the BLR.

Study on the Appropriate Time for Leading Pedestrian Intervals (보행자 우선 출발신호의 적정 시간 산출 연구)

  • Kim, Daekyung;Yoon, Suyoung;Yoon, Jinsoo;Kim, Sang-Ock;Yun, Ilsoo
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.19 no.3
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    • pp.1-13
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    • 2020
  • When pedestrians cross a pedestrian crossing during a pedestrian signal, there is a problem that pedestrians are exposed to the danger of traffic accidents due to permissive-left turning and right-turning vehicles. In order to solve this problem, there is an increasing demand to improve the traffic signal system to increase pedestrian safety at the signal crossing. This study aims to examine the feasibility of introducing a leading pedestrian interval(LPI) to prevent conflict between unprotected left and right turn vehicles and pedestrians. In this study, the need for LPI was surveyed by experts and the general public. As a result of the survey, many opinions indicated that the introduction of LPI was necessary. In addition, after selecting the non-protected left and right turn pilot operation targets, LPI was installed on two signal intersections. After installation, the speed analysis of the arrival vehicle in the pedestrian crossing and the violation rate of the pedestrian signal were analyzed. As a result of analysis, when the walking signal was equalized, the speed of the arriving vehicle in the pedestrian crossing was reduced, and the violation rate of the walking signal was improved.

A Study on the Recognition and Enforcement of Arbitral Awards Applied Public Policy by Chinese Court (중국 법원의 중재판정 승인 및 집행에서 공공질서 적용에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.115-136
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    • 2011
  • In the past, Chinese arbitral system and Chinese arbitral associations were avoided by international society due to the cases which Chinese court rejected the recognition and enforcement of foreign arbitral awards based on rural protection. Especially Chinese court adjudicated to reject the recognition and enforcement of arbitral awards by interpreting public policy broadly. The abuse of public policy by court threats the existence of commercial arbitration system. Under this awareness, the author figured out Chinese court shows what kind of attitude about public policy of Chinese court in the present through analyzing the cases about rejection of enforcement in Chinese arbitral awards in order to analyze whether Chinese court still maintain the negative attitude like past or there exist changes with public policy which is one of the rejection reasons of recognition and enforcement in foreign arbitral awards as the central figure. Chinese court behaved in an uncooperative attitude about arbitral awards like that it reached a verdict to reject the enforcement of arbitral awards by reason of violation in public policy about several foreign arbitral awards at the beginning stage of establishing arbitration law. However, the situation of abuse in public policy was improved a lot by Chinese prime court which enforces pre-inspection system about judgment of rejection of enforcement in arbitral awards. So, there is no case about rejecting the approval and enforcement of arbitral awards by reason of violation in public policy by Chinese court except Yongning Co. case. Moreover, Chinese court got the trust and support from other countries through reinforcement of applied standard. However, Chinese court had been expressed concern from international society because they highly applied public policy and rejected to enforce arbitral awards in the recent case of Yongning Co.. Therefore, this study examined whether it is appropriate to apply public policy of Chinese court in the case of Yongning Co., and then I concluded that. Although Yongning Co. case is the first case which Chinese prime court agrees with public policy by reason of rejection of approval and enforcement in foreign arbitral awards, in my opinion, it doesn't mean that Chinese court has fundamental change in basic attitude and position about the approval and enforcement of foreign arbitral awards. Chinese court keeps the cautious uses of public policy in legal judgment of foreign arbitral awards and it looks like implementing the obligation in regulation of New York Convention sincerely.

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Exploratory Research of Possibilities and Limiatation of Drone Journalism (재난재해 대응수단으로 드론저널리즘의 가능성과 한계에 관한 탐색적 연구)

  • Cho, Hang-Min
    • Journal of Digital Convergence
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    • v.16 no.8
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    • pp.71-79
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    • 2018
  • This study discussed the meaning of a drone, and especially drone journalism and legal and ethical issues around that, at an introductory dimension, which is used in various social bases, but is still just an academic discussion at the beginning stage. As a methodology, content analysis was used. It seems that drone journalism has high diffusibility as a technology with high 'relative advantage', 'compatibility', 'trial ability' and 'observability' and low 'complexity' in terms of the diffusion of innovation theory. However, it will be very likely that controversies will be raised, such as safety issue due to collision and crash, a dispute over violation of privacy that may seriously infringe privacy like individual portrait rights and a controversy about the accuracy and source of information as drone filming low price and ease of use. Suggest solutions to legal and ethical issues based on existing research. Technical stability is required. Also, it is necessary to change the awareness of journalists about the drones coverage and to educate ethics, and it is necessary to establish social public opinion on issues such as privacy violation and establish system and legal measures through it. Future research is expected to carry out empirical research including journalists and public awareness surveys.

Comparative Evaluation of Staggered Pedestrian Crossings and Pedestrian Crossings by Using Risk Analysis (위험도분석을 통한 이단횡단보도와 일반횡단보도의 비교평가)

  • Kim, Tae-Ho;Park, Jun-Tae;Lee, Yeon-Hyung;Rho, Jeong-Hyun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.35 no.6
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    • pp.1287-1295
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    • 2015
  • This research is the study on the comparative evaluation of SPC (Staggered Pedestrian Crossings) vs PC (Pedestrian Crossings) using risk analysis. Accident factor was elicited by survey of driver's and pedestrian's at SPC & PC. I estimated the weight of a risk of violation and a mental burden by AHP (Analytic Hierarchy Process) and compared degree of risk at SPC AND PC. In conclusion, a new alternative plan of a pedestrian crossing system, staggered pedestrian crossing which plays an important role in traffic flow, pedestrian's crossings which plats an important role in traffic flow, pedestrian's convenience and traffic safer is sager than pedestrian crossings the degree of risk used this study doesn't imply an measure of the number of accident and the rate of accident, in estimating the degree of risk of pedestrian crossings, we should analyze more data of accident, behaviors, and road circumstance to include driver's and pedestrian's violation behavior in an estimate index.

A Survey on the Pesticide Residues and Risk Assessment for Agricultural Products on the Markets in Incheon Area from 2010 to 2012 (인천광역시 유통 농산물의 최근 3년간의 잔류농약 실태 및 안전성 조사)

  • Kim, Hye-Young;Lee, Soo-Yeon;Kim, Cheol-Gi;Choi, Eun-Jeong;Lee, Eun-Ju;Jo, Nam-Gyu;Lee, Jea-Man;Kim, Yong-Hee
    • Korean Journal of Environmental Agriculture
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    • v.32 no.1
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    • pp.61-69
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    • 2013
  • BACKGROUND: This survey was done to investigate the pesticide residues and to assess their risk on agricultural products on the Markets in Incheon from 2010 to 2012. METHODS AND RESULTS: The total number of samples were 16,025 for agricultural products and these were analyzed by multi-residue method using GC-ECD/NPD, GC-MS, LC-MS/MS and HPLC-PDA/FLD. The violation rates of the samples over maximum residue limits(MRLs) of pesticide residues established by Korean Food and Drug Administration in the survey of 2010, 2011 and 2012 were 1.2%, 0.8% and 0.7%, respectively. CONCLUSION(S): Of the total violated samples, more than 75% of the rates were recorded from the samples of leafy vegetables. Most commonly encountered agricultural commodities over MRLs were Chwinamul, perilla leaves and crown daisy. The pesticides detected yearly over MRLs during three years were endosulfan, chlorpyrifos, diazinon, lufenuron, chlorothalonil, flutolanil, procymidone, ethoprophos. Estimated daily intakes compared to acceptable daily intakes, except radish and Welsh onion, is estimated less harm on human in 10 kinds of pesticides which frequently occurred violation.