• Title/Summary/Keyword: compensation for damage

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Characteristics of the Duty of care of a Good Manager according to the Construction Manager's Task (건설사업관리자의 수행업무에 따른 선관주의의무 특성)

  • Chung, Young-Ho;Lee, Sang-Beom;Park, Hyun-Jung;Cho, Hyeong-Jin
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.1
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    • pp.36-43
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    • 2012
  • When the construction management method was introduced, there were arguments regarding the contractual responsibility of the construction manager. Accordingly, the provisions on damage compensation in the Construction Technology Management Act were revised in 2002, and the obligatory duty of care of a good manager is now required by the Framework Act on the Construction Industry. Even though the construction manager has a responsibility of a consultant in the CM-for-fee contract, however, the Korean construction environment does not clearly specify the consultant's scope of responsibility. In this study, the theory about the duty of care, which is a consultant's responsibility among the expert's responsibilities, was arranged. Based on the responsibilities of experts such as lawyers, the duties of care of a good manager of the construction manager were presented to provide the foundation for establishing the construction manager's responsibilities. To verify the resulting items, interviews with experts were performed to assess their importance levels.

Crop Loss Survey by Wildlife in National Parks of Korea (한국 국립공원 내 야생동물과 농작물 피해)

  • Yoon, Seong-Il
    • Korean Journal of Environmental Biology
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    • v.25 no.3
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    • pp.223-227
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    • 2007
  • Crop loss and damage by wildlife are becoming more serious to residents inside and around National Parks of Korea annually. It could be caused by small size of Parks, which is couples of ten $km^2$ only, and more than a third of total parks' areas are belonging to privates. Wild boar (Sus scrofa) is one of the most harmful pests in nationwide. Treading down crop field using as bedding or resting site are major damaged types and foraging behavior is following. Besides of boars, Korean water deer (Hydropotes inermis), racoon dog (Nyctereutes procyonoides), and badger (Meles meles) are another serious pests. Mainly, farm products planted in upland, such as corns, sweet potatoes, cabbages, etc. are harmed easily, a rate reaches up to 76.9% of whole losses. 92.4% (n=187) of interviewees, who are mostly seniors, cultivate small crop fields smaller than 1 ha. Crop damage would be started from June to late November, time differences are happened due to latitude, climate condition, and crop differences of National Parks. Dusting animal repellents are easier and widespread methods to prevent animal foraging to crop fields and installing noisy makers using gun powder and setting up scarecrows are traditional methods for repelling animals. Nevertheless, effects of these self-defence are turned out to be useful soon after labors done only. Since legal compensation for crop damages by wildlife are not prepared systematically so far, crop loss are rarely reported to local government by most farmers. Systematic and objective methods for quantifying of crop loss by wildlife and population managements system should be offered urgently to well-managed animals habitat and residents' living inside National Parks.

The Liability on the Damage of Soil Pollution (토양오염의 피해에 대한 책임)

  • Cho, Eun-Rae
    • Journal of Soil and Groundwater Environment
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    • v.10 no.6
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    • pp.1-9
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    • 2005
  • Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

A Study on the Investor Protection Principle as a Legal Basis of Investor - State Dispute Settlement(ISDS) (투자자-국가 분쟁해결(ISDS)의 대상이 된 투자자 보호원칙에 관한 연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.121-145
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    • 2009
  • South Korea has investment agreements such as FTAs, BITs with several countries. Up to now, no single case has been registered against the Korean government on breach of investment agreements, but it is likely that the number of such cases would increase. Therefore, an investor-state dispute settlement system, an arbitral procedure by which a foreign investor may seek compensation of damage against the host country, is gaining its importance. The provision of the ISDS has been one of the hottest issues in Korea while the Kor-US FTA was being signed. In this respect, with the growing number of regional agreements such as BITs and FTAs, a careful scrutiny on the ISDS is necessary for Korea. I have therefore studied theoretically subjects including the National Treatment(NT), the Most-Favored Nation(MFN), Fair and Equitable Treatment and Expropriation - those that have been the objects of protection on investors. And I have analyzed ICSID arbitral awards and provided implications. In the ICSID arbitral awards, the Fair and Equitable Treatment turned out to be the most recognized violation on investors by the host State in terms of investor protection. On the other hand, Indirect Expropriation - a matter of which public anxiety was shown led by civic groups - was not generally recognized in arbitral awards. This study is written for sake of governments, local autonomous entities and public enterprises that are in charge of FTAs and BITs.

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Full-mouth rehabilitation without changing the vertical dimension in patient with worn dentition (마모된 치열을 가진 환자에서 수직교합고경 변화 없이 수복한 증례)

  • Kim, Minuk;Kim, Nahong;Jang, Hee-Won;Lee, Yong-Sang
    • The Journal of Korean Academy of Prosthodontics
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    • v.54 no.2
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    • pp.160-166
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    • 2016
  • Although physiologic abrasion in normal range need not to be corrected, when hard tissue of teeth are worn abnormally fast, it can cause severe damage and destroy esthetics and, functional structure of occlusion consequently. To establish a correct occlusal plane and space for the patient with worn dentition, it is necessary to increase vertical dimension. However, actual occlusal vertical dimension remains unhanged with compensation for the increase of alveolar bone height equivalent to the decrease of teeth length. A 74-year-old male presented with worn dentition and fractured tooth. Based on the assessment of OVD including clinical findings, full-mouth rehabilitation without increase of OVD was planned. This case presents that a satisfactory clinical result was achieved by restoring the worn dentition without changing occlusal vertical dimension.

Proposition of a New Implantable Acoustic Sensor Based on Technology Evaluation of Fully Implantable Hearing Aids (완전 이식형 보청기 기술 평가 기반의 새로운 이식형 음향센서 제안)

  • Cho, Jin-Ho;Woo, Seong Tak;Lim, Hyung-Gyu;Jung, Eui Sung;Lee, Jyung Hyun;Lee, Seung-Ha;Seong, Ki Woong
    • Journal of Sensor Science and Technology
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    • v.23 no.3
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    • pp.178-184
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    • 2014
  • Key components of implantable hearing aids are consist of an acoustic sensor that collect external sound by suppressing the body noise, a signal processor module for compensation algorithm of hearing loss, and a output transducer which has tiny size but have high efficiency, respectively. In the partial implantable hearing aids, technologies of transducer and signal processor are so matured that can be applied not too much difficulty. However, due to the difficulties in implantable acoustic sensor technology, such as minimization of masticatory sound and damage of sensor's membrane from external impact, practical use of fully implantable hearing aids have not successful so far. In this paper, we have proposed a novel implantable acoustic sensor which has trans-tympanic structure, and is verified that the proposed method can be very useful for fully implantable hearing aids by cadaveric experiments.

A Study on the Impartiality and Independence of Arbitrators (중재인의 공정성과 독립성에 관한 연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.31-47
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    • 2008
  • An arbitrator's duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator's nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible. this duty is divided by two things: civil case and crime case. and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

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Status of Government Supports to Overcome the Hebei Spirit Oil Pollution Accident and Suggestion of Responsive Policies (허베이스피리트호 유류오염사고 극복을 위한 정부지원 현황 및 대응정책 제언)

  • Chung, Kwang-Yong;Lee, Seung-Hwan
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.153-159
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    • 2012
  • The Hebei Spirit oil pollution accident which occurred in Tae-an in 2007 has brought considerable impacts on the surrounding environment such as struggles among the regions and the residents in the damaged area as well as devastation of local economy and ocean environment. The majority of the impact was related with economic problem. Also, the main factor to cause the regional community conflict was found to be firstly economic problems and secondly the insufficiency of government's management system and policy measures for the community conflicts. Therefore, the government's policy to overcome oil accidents should focus on improvement of the economic support systems and conflict resolution. In this study, the support policies taken by government after the Hebei Spirit accident was examined and responsive policies which can be used by government in future accidents are suggested.

A Study on the Policy of Reserved Forests in Korea - mainly, on the designation and cancellation of reserved forests - (보안림정책논고(保安林政策論考) - 보안림(保安林)의 지정(指定) 및 해제(解除)를 중심(中心)으로 -)

  • Choe, Kyu-Ryun
    • Journal of Korean Society of Forest Science
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    • v.4 no.1
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    • pp.1-8
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    • 1965
  • In this study, the present institution of reserved forests in Korea has been criticized through the analysis of the present situation of reserved forests in Korea, and mainly, on designation and cancellation of them because of this important institution thought as restriction of forest ownership. Reserved forest land in Korea as of the end of 1962 is 996,915 chungbo in area, or about 14.8% of the total forest land area, 6,750,324 chungbo in Korea, and we can find that the area of reserved forest land has increased remarkably since the Liberation in 1945, in comparison with about 180,000 chungbo-a little over 1% of the total forest land area, 16,000,000 chungbo, through Southern and Northern Korea till the Liberation in 1945. This fact clearly proves that Korean forests are extremely devastated since the Liberation in 1945, and in Korea we can find that reserved forest policy is very important in forest policy, consequently, reserved forest institution must be dealt with care. Moreover, the area of reserved forest land, 996,915 chungbo, which is divided into 43,820 chungbo of national forest land, 59,302 chungbo of public forest land, 893,793 chungbo of private forest land, and private forest land is excellently large, or about 89.7% of the total area of reserved forest land. In this number, we may understand the fact that reserved forests have the most influences on private forests, therefore, we may recognize that it is necessary for reserved forest constitution which is infringement of private right to be carried out carefully. From the first beginning, the institution of reserved forests is serious restriction to the forest ownership. Consequently, when the area of reserved forest land grows, it interferes seriously with the free forest management and the desire for forest own ership is decreased, at the same time, forest enterprise results in obstruction. Especially, Korean forests are destroyed extremely at present, so, intensification of reserved forest institution is unavoidable for completion of the national aim which forests have, but the author thinks that reserved forest institution must be as avoidable as possible, and we have to obtain good results by supervision of forest management which is regulated in the Forest Law. Consequently, designation of reserved forests must be minimized, and although forests were already designated as reserved forests they must be cancellated as fast as fast as possible and put them free in the owner's hands when they are in cancellation conditions. According to the provision of Article 18 of the Forest Law concrete cases designated as a reserved forest are enumerated for the purpose of maintaining the forest ownership and avoiding to give the forest authorities a free hand in order to protect forest owners from one-sided damage. Therefore, the forest authorities must not abuse the institution of reserved forests, and it is not good tendency to give only the authorities a free hand in eesignation and cancellation of reserved forests, and especially, when the forest owners object to that, establishing some legal organization like the reserved forest council in each province in order to hear about impartial opinions, and it is more suitable than administrative disposal by the same organization. The compensation of damages for reserved forests by the provision of Article 25 of the Forest Law is a different problem by forest policy, but the results of compensation of damages regulated in the Forest Law are wholly lacking up to now, the author thinks that this is caused to poor forest cover, the forest owner's unconcern and insincerity of administrative authorities. Therefore, the government must enlarge the range of compensation and minimize the forest owner's economic sacrifice, also, the government must mollify the conditions of the legal restrictions to reserved forests, and harmonize with functions of national conservation and economy. This means that it is necessary to modify the restrictive conditions for the effective utilization of forest resources within the range in which can be attained the purpose of designation, from permanent prohibition of cutting. Except the reserved forests of fish habitat, public sanitation, maintaining scenery and navigational mark ect., most of reserved forests are prohibited from cutting, and the present situation of forests in Korea are extremely devastated and those forests are not so expected in cancellation possibility in near future. Therefore, when the forest owners apply for national purchase of those reserved forests, the government had better nationalize them, protect and manage to reduce the forest owner's economic sacrifice.

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A Case Study on the MRI Profitability of a General Hospital (한 종합병원의 MRI 채산성 사례 연구)

  • Kang, Chang-Yeol;Song, Sung-Ho;Lim, Kyeong-Tae
    • The Korean Journal of Health Service Management
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    • v.4 no.1
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    • pp.145-156
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    • 2010
  • The purpose of this study is one of high price medical equipment wished to grasp propriety factor about the MRI introduction, analyzing payability through cost accounting into compensation. It was investigated from January 1 to December 31, 2007 about the MRI of a General Hospital. Expectation availability was 23.2 cases, but actual availability did achievement more than 196.1% with 45.5 items. It is estimated that there are a lot of occurrence cases because great reasons that actual availability increases more than expectation availability is excellent resolving power than a CT, and is device that prefer to reason back that radiation damage is less in person body. The followings show the main results of this study. 1. The MRI was construed in order of cost accounting, wave and personnel expenses 45.4%, administrative expenses 53.0%, and material costs 1.6%. 2. According to CVP (Cost-volume-profit) analysis, BEP (Break Even Point) profit is 173,931,428 won for 11 months, and break even usage number of items are 37.5 cases, and separation usage number of items were confirmed by 1.4 cases. Therefore, was construed that can achieve BEP within 11 months though usage number of items keeps 1.4 items day to create the MRI's hospital operation profit. 3. Estimated limit profitability appears high by 96.7%, exceed fixed charges even if when is non-benefit and when it is benefit consider variable, is judged that the MRI's addition induction helps in hospital management enhancing earning rates.