• Title/Summary/Keyword: applicable laws

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How to Reflect Sustainable Development in Overseas Investment including Equator Principles (해외투자(海外投資)와 지속가능발전 원칙 - 적도원칙(赤道原則)(Equator Principles)을 중심으로 -)

  • Park, Whon-Il
    • 한국무역상무학회:학술대회논문집
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    • 2006.06a
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    • pp.45-72
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    • 2006
  • The Equator Principles are a set of voluntary environmental and social guidelines for ethical project finance. These principles commit banks and other signatories to not finance projects that fail to meet these guidelines. The principles were conceived in 2002 on an initiative of the International Finance Corporation and launched in 2003. Since then, dozens of major banks have adopted the Principles, and with these banks among them accounting for more than three quarters of all project loan market volume the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental effects of projects to be financed. While regarding the Principles an important initiative, NGOs have criticised the Principles for not producing real changes in financing activities and for allowing projects to go through that should have been screened out by the Principles, such as the Sakhalin-II oil and gas project in Russia. In early 2006, a process of revision of the principles was begun. The Equator Principles state that endorsing banks will only provide loans directly to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the International Finance Corporation (IFC). - For all medium or high risk projects (Category A and B projects), sponsors complete an Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key environmental and social issues. - The Environmental Assessment report addresses baseline environmental and social conditions, requirements under host country laws and regulations, applicable international treaties and agreements, sustainable development and use of renewable natural resources, protection of human health, cultural properties, and biodiversity, including endangered species and sensitive ecosystems, use of dangerous substances, major hazards, occupational health and safety, fire prevention and life safety, socio-economic impacts, land acquisition and land use, involuntary resettlement, impacts on indigenous peoples and communities, cumulative impacts of existing projects, the proposed project, and anticipated future projects, participation of affected parties in the design, review and implementation of the project, consideration of feasible environmentally and socially preferable alternatives, efficient production, delivery and use of energy, pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. - Based on the Environmental Assessment, Equator banks then make agreements with their clients on how they mitigate, monitor and manage those risks through an 'Environmental Management Plan'. Compliance with the plan is required in the covenant. If the borrower doesn't comply with the agreed terms, the bank will take corrective action, which if unsuccessful, could ultimately result in the bank canceling the loan and demanding immediate repayment. - For risky projects, the borrower consults with stakeholders (NGO's and project affected groups) and provides them with information on the risks of the project. - If necessary, an expert is consulted. The Principles only apply to projects over 50 million US dollars, which, according to the Equator Principles website, represent 97% of the total market. In early 2006, the financial institutions behind the Principles launched stakeholder consultations and negotiations aimed at revising the principles. The draft revised principles were met with criticism from NGO stakeholders, who in a joint position paper argued that the draft fails by ignoring the most serious critiques of the principles: a lack of consistent and rigorous implementation.

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A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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Policy for Establishment of Green Infrastructure (녹색 인프라 구축을 위한 정책)

  • Park, Jae-Chul;Yang, Hong-Mo;Jang, Byoung-Kwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.5
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    • pp.43-50
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    • 2012
  • The Green Infrastructure Framework refers to an interconnected network formed by greenways that links gardens, parks, green spaces, streams, wetlands, agricultural lands, and green belts. Green infrastructure supports diverse functions to environment, provides various benefits to people, and helps in the community's health and viability. It can store stormwater runoff and abate its non-point source pollutants. Due to its advantages and profits, advanced countries in environment policies have adopted green infrastructure in planning and implementing urban and regional development. The Korean government and municipalities have focused upon grey infrastructure investment in the past, which causes occurrence of natural disasters such as draught, flood, and landslides, degradation of water and air quality, decline of biodiversity, and even inhibition of economic activities. In order to alleviate these problems, it is requested to formulate and implement policies for green infrastructure at the national government level. USA and Korean situation of green infrastructure were investigated; forty components of green infrastructure were drawn. Nine policies utilized in the USA cases were identified, which are applicable to Korea. Among them, five policies can be implemented in public sector and four in private one. The green infrastructure law needed in Korea was suggested. The amendments of laws regarding green infrastructure and alternatives expending it were proposed.

Historical Review of Modern Public Health Nursing (근대 보건간호의 역사적 고찰)

  • Lee, Bong-Suk;Han, Young-Ran;Yang, Sook-Ja
    • Journal of agricultural medicine and community health
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    • v.43 no.2
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    • pp.114-124
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    • 2018
  • Objectives: The purpose of this study is to examine the modern history of public health(PH) and suggest a way forward for PH nursing(PHN). Methods: This paper is a review article that derives results from literature review. Results: In the period of beginning (up to 1944), PHN began as the PH Department was created in the Hygiene Bureau in 1908 and tasks about nurses were legislated. PHN was limited to infectious disease tasks and performed mostly by missionaries. In the period of foundation formation (1945 to 1961), the Republic of Korea was founded, and PH policies and tasks were defined with the establishment of the central government organization and the applicable laws. In the period of foundation establishment (1962 to 1979), the Regional PH Act was amended, and as a result, PH Centers(PHCs) spread across the country. In the period of foundation expansion (1980 to 1994), the PH referral system of PHCs, PH Units, and Primary Health Care Post was established. In the period of organization in each area (1995 to 2005), PH programs reflecting changes in disease structure and public needs for the quality of life. A regional health care plan was launched. In the period of funtion expansion (2006 to present day), Centers for support health living were established. Conclusions: In the future, PH nurses need to have a macroscopic perspective that views PH through the overall PH system, and to expand from the existing healthcare concept to the national and global healthcare one.

Development and Application of STEAM Education Model centered on Mathematics Subject using Real-life Context (실생활 맥락을 활용한 수학교과 중심의 STEAM 교육 모형 개발 및 적용)

  • Ban, Eun-seob
    • Communications of Mathematical Education
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    • v.32 no.3
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    • pp.341-362
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    • 2018
  • The purpose of this study is to develop a STEAM education model on the basis of mathematics curriculum using real life context, and to analyze the effect of the class based on developed model to make applicable pedagogical discussion. For this purpose, STEAM class materials that can be used in terms of recognition, connection, extension, and application of mathematical concepts, principles and laws are considered, taking into consideration the ways in which real life contexts and mathematical learning could be harmonized. As a results of using these materials, it was empirically confirmed that students' cognitive thinking and affective aspects abilities were improved. The STEAM instruction centered on the mathematics curriculum and the mathematics class based on the data developed in this study have a unique identity compared to the conventional general mathematics teaching methods using the textbooks. And it is pursuing the future class model which could present desirable creativity and personality education. The result of this study would provide preliminary data and meaningful implications to the researchers for next curriculum and concomitant instructional materials as well as the mathematics teachers.

Multiscale modeling of reinforced/prestressed concrete thin-walled structures

  • Laskar, Arghadeep;Zhong, Jianxia;Mo, Y.L.;Hsu, Thomas T.C.
    • Interaction and multiscale mechanics
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    • v.2 no.1
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    • pp.69-89
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    • 2009
  • Reinforced and prestressed concrete (RC and PC) thin walls are crucial to the safety and serviceability of structures subjected to shear. The shear strengths of elements in walls depend strongly on the softening of concrete struts in the principal compression direction due to the principal tension in the perpendicular direction. The past three decades have seen a rapid development of knowledge in shear of reinforced concrete structures. Various rational models have been proposed that are based on the smeared-crack concept and can satisfy Navier's three principles of mechanics of materials (i.e., stress equilibrium, strain compatibility and constitutive laws). The Cyclic Softened Membrane Model (CSMM) is one such rational model developed at the University of Houston, which is being efficiently used to predict the behavior of RC/PC structures critical in shear. CSMM for RC has already been implemented into finite element framework of OpenSees (Fenves 2005) to come up with a finite element program called Simulation of Reinforced Concrete Structures (SRCS) (Zhong 2005, Mo et al. 2008). CSMM for PC is being currently implemented into SRCS to make the program applicable to reinforced as well as prestressed concrete. The generalized program is called Simulation of Concrete Structures (SCS). In this paper, the CSMM for RC/PC in material scale is first introduced. Basically, the constitutive relationships of the materials, including uniaxial constitutive relationship of concrete, uniaxial constitutive relationships of reinforcements embedded in concrete and constitutive relationship of concrete in shear, are determined by testing RC/PC full-scale panels in a Universal Panel Tester available at the University of Houston. The formulation in element scale is then derived, including equilibrium and compatibility equations, relationship between biaxial strains and uniaxial strains, material stiffness matrix and RC plane stress element. Finally the formulated results with RC/PC plane stress elements are implemented in structure scale into a finite element program based on the framework of OpenSees to predict the structural behavior of RC/PC thin-walled structures subjected to earthquake-type loading. The accuracy of the multiscale modeling technique is validated by comparing the simulated responses of RC shear walls subjected to reversed cyclic loading and shake table excitations with test data. The response of a post tensioned precast column under reversed cyclic loads has also been simulated to check the accuracy of SCS which is currently under development. This multiscale modeling technique greatly improves the simulation capability of RC thin-walled structures available to researchers and engineers.

An Visiting Environmental Assessment and Countermeasures for Ecological Park of Sun-Cheon Bay - Focused on a Universal Design Principle - (순천만 자연생태공원 탐방환경 평가와 개선방안 - 유니버설 디자인 원칙을 중심으로 -)

  • Lee, Kyung-Chan;Kim, Nam-Jo
    • Korean Journal of Environment and Ecology
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    • v.27 no.6
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    • pp.777-793
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    • 2013
  • The purpose of this study is to provide the basic reference for appropriate ecological park planning through investigation and analysis of inviting environment of Suncheon Bay Ecological Park within the framework of 'universal design'. For this, investigating items were selected through literature reviews and legal standard of ecological park suggested by laws. Field survey on Suncheon Bay Ecological Park was conducted, The results suggesting analytical and practical implications are as follows. First, guided handles of any facilities were not equipped, so urgent supplementation is needed with legal standard of universal design. Especially, detailed criterion of universal design focusing on visitors' convenience should be reflected. Second, all facilities for the blind were not equipped and the floor height of entrance was also unsuitable. It implies that the disabled and the senior are restrained from doing independent activity, therefore, appropriate standard focusing on 'universal design' for the wide open activity space such as the park area should be re-provided. Finally, guidelines for applicable universal design of the activity space for the experience on the ecological park should be re-established.

A Study on Priority Rankings of Actions Providing Personal Information Security (개인정보의 안전성 확보조치 기준에서의 우선순위 정립에 관한 연구)

  • Kim, Young Hee;Kook, Kwang Ho
    • Convergence Security Journal
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    • v.14 no.4
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    • pp.9-17
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    • 2014
  • With the rapid development of the Internet and information technology, a company that deals with personal information does not have proper action to protect personal privacy and not take measures for the safe handling and management of personal information. It generates the case to abuse of personal information occurring frequently. In order to focus the effort to reduce damage and protect the privacy of personal information entity and enhance privacy laws based on the connection method and the processing of personal information, Korea encourages a company to follow regulation by providing certain criteria. However, in the case of items of measures standard of safety of personal information such as priority applicable criteria in accordance with the importance of itemized characteristics and the company of each individual information processing is not taken into account, and there are some difficulties to execute. Therefore, we derive criteria by law and reviewing existing literature related, the details of the measures standard of safety of personal information in this study and generate a hierarchical structure by using the KJ method for layering and quantification of the evaluation in integration of the reference item similar and the grouping. Accordingly, the weights calculated experts subject using the AHP method hierarchical structures generated in this manner, it is an object of the proposed priority for privacy and efficient more rational enterprise.

Exploring the Lawyers' Legal Information Seeking Behaviors for the Law Practice (법무실무를 위한 변호사의 법률정보 추구행태 탐구)

  • Kim, Ji-Hyun;Seo, Eun-Gyoung
    • Journal of the Korean Society for information Management
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    • v.32 no.4
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    • pp.55-76
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    • 2015
  • The prior studies on the practical lawyer's information seeking behaviors, including Leckie et al. (1996) model showed that role of the work and nature of the work in attorney's practices had an significant influence on the attorney's information seeking behaviors. This study now asks if these prior analyses can be applicable to attorneys' practices nowadays. This study performed surveys and interviews with 21 practical attorneys in korea who were grouped by their experience period and the size of law firms. This study concludes that role of the work in Leckie et al. model still affects the attorneys' information seeking behaviors today and moreover, the attorney's experience and the size of law firms as variables also have made an impact on attorney's behaviors so far. By the way, this study further finds that the attorneys prefer the digital information in online database and formal information like statutes or case laws. These results are definitely different from them of the prior studies. In addition, this study suggests that the behavior such as meaningful using of the informal information in difficulties with improper information can be kinds of the attorney's information seeking behaviors.

Drone-based smart quarantine performance research (드론 기반 스마트 방재 방안 연구)

  • Yoo, Soonduck
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.2
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    • pp.437-447
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    • 2020
  • The purpose of this study is to research the countermeasures and expected effects through the use of drones in the field of disaster prevention as a drone-based smart quarantine performance method. The environmental, market, and technological approaches to the review of the current quarantine performance task and its countermeasures are as follows. First, in terms of the environment, the effectiveness of the quarantine performance business using drone-based control is to broaden the utilization of forest, bird flu, livestock, facility areas, mosquito larvae, pests, and to simplify and provide various effective prevention systems such as AI and cholera. Second, in terms of market, the standardization of livestock and livestock quarantine laws and regulations according to the use of disinfection and quarantine missions using domestic standardized drones through the introduction of new technologies in the quarantine method, shared growth of related industries and discovery of new markets, and animal disease prevention It brings about the effect of annual budget savings. Third, the technical aspects are (1) on-site application of disinfection and prevention using multi-drone, a new form of animal disease prevention, (2) innovation in the drone industry software field, and (3) diversification of the industry with an integrated drone control / control system applicable to various markets. (4) Big data drone moving path 3D spatial information analysis precise drone traffic information ensures high flight safety, (5) Multiple drones can simultaneously auto-operate and fly, enabling low-cost, high-efficiency system deployment, (6) High precision that this was considered due to the increase in drone users by sector due to the necessity of airplane technology. This study was prepared based on literature surveys and expert opinions, and the future research field needs to prove its effectiveness based on empirical data on drone-based services. The expected effect of this study is to contribute to the active use of drones for disaster prevention work and to establish policies related to them.