• Title/Summary/Keyword: diligence

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International Safety Management(ISM) Code and Duty of Due Diligence of Ocean Carrier (국제안전관리규약(國際安全管理規約)(ISM Code)과 해상운송인(海上運送人)의 주의의무(注意義務))

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.469-492
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    • 2000
  • "International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

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Introduction and Activation of ESG Management of Small Manufacturing Companies (소규모 제조기업의 ESG경영 도입 및 활성화방안)

  • Ik-Gu Park;Soo-Yong Park;Dong-Hyung Lee
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.47 no.1
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    • pp.51-59
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    • 2024
  • Recently, ESG management has become a global trend, receiving increasing attention from stakeholders such as consumers, investors, and governments, as regulations related to ESG disclosure and supply chain due diligence have been strengthened since the United Nations Principles of Responsible Investment (UN PRI) was announced in 2006. ESG is an acronym for the environment (E), social (S), and governance (G) and is accepted as a key factor for the continuous survival and growth of a company. As a result, there are over 600 ESG management evaluation indicators operated domestically and internationally, and numerous global initiatives have emerged. Korea's Ministry of Trade, Industry and Energy also announced "K-ESG Guidelines (December 2011)" and "K-ESG Guidelines for Supply Chain Response (December 22)" to help SMEs introduce ESG management and respond to supply chain due diligence. However, small-scale manufacturing companies with poor financial, human resources, and technological capabilities face significant challenges in introducing ESG management. Accordingly, this study aims to examine the current status of ESG management adoption in small-scale manufacturing companies with less than 150 people in Korea and propose activation plan ESG management based on the diagnostic requirements of the "Supply Chain Response K-ESG Guidelines."

Seaworthiness of the Ship in UNCITRAL Draft Instrument and in Korean Commercial Act Act (해상법(海商法)상의 선박 감항능력 확보 의무와 UNCITRAL 운송법 초안상의 선박 감항능력 유지 의무)

  • Lim, Chae-Hyun
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.94-97
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    • 2005
  • Seaworthiness is an important part of the carrier's obligation in the carriage of goods by sea. Especially seaworthiness of the ship is one of the most important obligations of the carrier in the field of international transport law. Therefore it will be important to examine the expected impacts by adopting a continuing duty of seaworthiness in UNCITRAL Draft Instrument from the Korea point of view because Korean Commercial Act provides that carriers are only obliged to exercise due diligence to make the ship seaworthy before and at the beginning of the voyage. This paper examines the concept of the seaworthiness and analyses the provisions of the Draft Instrument for the duty of seaworthiness in comparison with the Korean Commercial Act.

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Design And Implementation of Diligence and Indolence Communication Management System for Using P.O.P Terminal (P.O.P 단말기를 이용한 근태통신관리 시스템의 설계 및 구현)

  • 홍수열
    • Journal of the Korea Society of Computer and Information
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    • v.7 no.2
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    • pp.155-160
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    • 2002
  • The personnel and salary management business among computation by computer of a general enterprise is very important. The attendance-absence of our office and in and out of office work for employees in business is very important data element. Because of computation by computer system introduction in a general small and medium enterprise is very expensive, until now it is managed simply by handwork data in the attendance book. On the other hand, to solve the cost problem I designed and implemented a diligence and indolence communication management system for using P.O.P Terminal.

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Design of Diigence/Indolence System using a Smart Phone (스마트폰을 이용한 근태관리시스템의 설계)

  • Jo, Hyun Joon;Lee, Dong Gi;Kim, Min Gyu;Park, Jin Soo;Kim, Dong Hyun;Ban, Chae Hoon
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2013.10a
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    • pp.307-309
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    • 2013
  • Diligence/Indolence records are the basic data at a human resource management and the essential data for measure salaries of employees. However, since the D/I systems using RFIDs or biometric sensors require hish costs to build and operate the D/I systems, it is difficult for to small business or self-employed business to use them. In this paper, we propose the Diligence/Indolence system to use the location identification of a smart phon. To locate the position of an employee, the WiFi signal of a smart phone and the wireless access point are exploited. Because the pre-owned hardware resources are used and initial building costs are low, it is easy for small business to use the proposed D/I system with low cost.

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Standards of Due Diligence and Separation of Responsibilities in the Division of Labor in Medicine (분업적 의료행위에 있어서 주의의무위반 판단기준과 그 제한규칙들)

  • Choi, Hojin
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.41-72
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    • 2018
  • In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

The Effects of Practical Problem-Based Home Economics Instruction (PPBHEI) on Middle School Students' Creativity: Focusing on the Content on "Clothing Management and Recycling" (실천적 문제 중심 가정과 수업이 중학생의 창의성에 미치는 효과: '의복 관리와 재활용' 내용 요소를 중심으로)

  • Bae, Ja-Young;Shim, Huen-Sup;Chae, Jung-Hyun
    • Human Ecology Research
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    • v.59 no.3
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    • pp.401-418
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    • 2021
  • The purpose of this study was to test the effects of Practical Problem-Based Home Economics Instruction (PPBHEI) on middle school students' creativity, focusing on the content on "clothing management and recycling." This study carried out quasi-experimental research with an independent variable of PPBHEI and a dependent variable of creativity. The experiment was based on a sample of 62 (31 in each group) second grade students in the Cheongju area over four class hours. ANCOVA was performed to examine pre-test and post-test differences between the experimental group and the control group. The results showed that PPBHEI did not improve the level of creativity but improved the level of creative motivation among the sub-elements of creativity (creative thinking, creative tendency, creative motivation). In particular, PPBHEI improved the level of independence in creative tendency, intrinsic motivation, and diligence in creative motivation. From the results of this study, it can be concluded that PPBHEI is effective in improving independence, intrinsic motivation, and diligence in respect of middle school students'creativity.

Development and Validation of ESI iDART Instrument Measuring Organizational Values: An Empirical Study in Malaysia

  • OTHMAN, Abdul Kadir;HITAM, Mizan;ZAKARIA, Zuhaina;RAHMAD, Mohd Rafizi;MOHD SANUSI, Zuraidah
    • The Journal of Asian Finance, Economics and Business
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    • v.9 no.9
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    • pp.157-166
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    • 2022
  • The purpose of this paper is to explain the process of developing and validating the instrument to measure the university's organizational core values and sub-values known as ESI iDART. The three core values are excellence, synergy, and integrity, while the five sub-values comprise knowledge, discipline, trustworthiness, diligence, and responsibility that all staff should understand and practice. These values must be measured to examine the extent to which the staff has practiced them in their work life. With regard to methodology, the research instrument used in the study was developed using a focus group study involving 39 university staff from various departments and campuses. The instrument was later refined and validated by a group of experts from the university. In the main study, the instrument was distributed to all 17,969 university staff from all over the country. After one month, a total of 11,688 university staff participated in the survey indicating a 66% response rate. Using descriptive analysis, reliability analysis, and ANOVA, the results indicate that instrument is considered valid and reliable to be used. The major findings from the study show that organizational values increase over time. Some theoretical and managerial implications are also discussed.

The Role of Board Structure and Audit Committee Structure on Financial Reporting Timeliness: Evidence from Public Listed Companies in Malaysia

  • GHANI, Erlane K.;CHE AZMI, Ahmad Farib
    • The Journal of Asian Finance, Economics and Business
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    • v.9 no.5
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    • pp.443-453
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    • 2022
  • This study examines the effect of board structure and audit committee structure on financial reporting timeliness among Malaysia's top 100 public listed companies. Specifically, this study examines whether board independence, CEO duality, board ownership, audit committee independence, audit committee competence, and audit committee diligence influence the financial reporting timeliness of the public listed companies. This study selects the top 100 public listed companies by market capitalization listed on the Main Market of Bursa Malaysia as the sample since the main board has more public reprimands on financial reporting timeliness compared to other boards. The content analysis on annual reports for five years from 2015 to 2019 is utilized. The results show that audit committee competence and audit committee diligence significantly affect financial reporting timeliness. In contrast, board independence, CEO duality, board ownership, and audit committee independence have insignificant relationships with financial reporting timeliness. The findings in this study are helpful for compliance analysis and strategy formation in enhancing financial reporting timeliness. This study contributes to the agency theory by providing a new perspective on how different sections of corporate governance features interact together to influence financial reporting timeliness. In addition, the findings can assist the regulators in establishing quality corporate governance.

A study on the weighting of the Environmental Index for SCM ESG -Focusing on the participation of Korean SMEs in the Global Secondary Battery Supply Chain- (공급망 ESG 환경평가지표 가중치 분석에 관한 연구 - 글로벌 이차전지 공급망 참여를 위한 한국 중소기업을 중심으로 -)

  • Jong-Hee Jeong;Seong-Ho Kim
    • Korea Trade Review
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    • v.48 no.3
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    • pp.1-22
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    • 2023
  • Many major country have struggled to build a block of the secondary battery industry supply chain by considering their interests first. And their supply chain due diligence agreement mandates due diligence on human rights and environmental risks that may occur throughout the supply chain. So the integrated approach called supply chain ESG is needed. But there isn't to be a global standard for ESG yet. And the disclosure standards for each country are different, adding to companies' confusion. In this perspective, to present guidelines for establishing a supply chain ESG management strategy accompanied by Korean SMEs, this study presents environmental evaluation indicators of global secondary battery supply chain ESG customized for Korean SMEs and then performs weight analysis using AHP methodology. Through this, this study aims to suggest implications for accepting sustainability within the supply chain of Korean SMEs by presenting indicators to be considered first among environmental evaluation indicators in preparation for ESG due diligence of the global secondary battery supply chain.