• Title/Summary/Keyword: efficient body of law

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Interpretation of Safeguard Agreement and Application to Korean domestic law under the WTO (WTO 세이프가드 협정의 해석과 국내법에의 적용방안)

  • Lee, Eun-Sup;Kim, Neung-Woo
    • International Commerce and Information Review
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    • v.13 no.1
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    • pp.271-298
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    • 2011
  • This paper seeks the proper and efficient operation of Korea's safeguard mechanism by examining the judicial interpretation and application of the safeguard measures under the WTO Safeguard Agreement. The judicial examination is focused on the terms of "unforeseen development" in GAIT XIX, "evaluation of all relevant factors", and "clear justification of measure" in Safeguard Agreement. Such an intensive examination. of the judicial interpretation is used for the comparative analysis of the Korea's domestic provisions to find out problems in operation and the interpretative and legislative responses to them. It is found that the Korea's adaptation of the Safeguard Agreement into the domestic provisions and the operation of such provisions in the practical field have generally been consistent with the WTO's basic principles and provisions. Korea's safeguard mechanisms should stably be operated for securing the proper protection of domestic industry under certain emerging circumstances. For such policy objective to be ensured, it is legislatively required to make additional provisions in line with the appellate body's consistent interpretations of the debating issues including the term of unforeseen development.

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The Present Status and the Preservation Method of the Rice Terrace as Scenic Sites Resources in Northeast Asia (동북아시아 계단식 논의 명승지정 현황 및 보전방안)

  • Youn, Kyung-Sook;Lee, Chang-Hun;Kim, Hyung-Dae;Seo, Woo-Hyun;Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.4
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    • pp.111-123
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    • 2011
  • This study aims to present the basic materials, which lead us to preserve the Korea Rice Terrace as scenic sites resources and study it continuously, through researching about the present status and the preservation method of the Rice Terrace in Korea, China and Japan. The results of this study are as follows. First, The Rice Terrace has a traditional agricultural technique which minimizing the damage of the scenic view while cultivating the slope. And also, it has the value of one of the Korea unique traditional scenic views. However, The no cultivation land or disappearing desert land of rice terrace were increasing by the disadvantage of operation in land cultivation. Therefore, The Government must need preparing the base of scene resources excavation by executed the established of Korea Rice Terrace Database for preserving of Korea traditional scene. however it is getting to disappearance. And also, The High valued of Rice Terrace by cultural and scenic view which is must managed by designation of scenic sites or monument. Second, The internal and external reference book researched and analyzed results are as followings for understanding about Korea Rice Terrace feature. First of all, The Rice Terrace's dictionary meaning is just difference by each nations. However, Generally speaking that It means the terraced land by cultivated of sloped land. The Rice Terrace has cross relation with mountain valley and piedmont slope cultivation in location of condition. It occurred era is before approximately estimated from 3000 of years until 6000 of years. It can divide two type by topography shape those are slope and valley type. However, The natural element of forest has very big position in this part. But, The Rice Terrace is just managed and designated by the scenic sites with the Cultural Properties Protection Law. It must needs more binding force and effectiveness for the Rice Terrace scenic view plan establishment by scenic laws and farming and fishing village laws etc. I think that it must need the Rice Terrace related law establishment as soon as possible for efficient preservation and management of the Rice Terrace. Third, The Rice Terrace were researched and analyzed results are as followings those were executed at the Korea, China and Japan. The Korea and Japan have good Rice Terrace Characteristic. And also, The high valued scenic sites area were good managed by the Cultural Properties Protection Law as well as the superior scenic valued Rice Terrace in China. Those are also managed by designated scenic sites for protection and preservation positively. Those were managed by each autonomous district management Department. The each nation's related laws of Rice Terrace protection were just little bit different. However, The basic purpose is same. for example, it based on superior scenic view preservation and protection. Especially, The Japan's Cultural Properties Law and Scenic law linkage, and China Autonomous district legislation and effectiveness. The Korea Government must need above elements for Korea Rice Terrace culture and scenic view preservation. Fourth, We need inducing the owner system and the policy of Rice Terrace preservation promotion association for efficient preservation of Rice Terrace in japan. The owner system in japan gives the owner of the land a permission to rent the land to Rice Terrace preservation promotion association and the local government. In this system the village would be revitalized by commons in the way of the management of the terraces, beautifying the area around the terraces and etc. And also, Making the each village management operating system for Rice Terrace management through educating civilization. The civilization could receive quick help from a consultative body comprised of experts such as representatives of Cultural Heritage Administration and professors. And it is in a hurry to solve the problem of revitalization of the region by exchange between cities and the village.

A study on the relationship between the movement of animation and heritage of modern mechanism (애니메이션의 움직임과 근대 기계론 전통의 상관관계 연구)

  • Kim, Takhoon;Han, Tae-Sik
    • Cartoon and Animation Studies
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    • s.30
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    • pp.27-57
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    • 2013
  • Animation which appeared with films in the late 19th century was a medium which came on obtaining nourishment from art historical style of modernism. However, the relation establishment between animation and modernism has been focused mainly on animation shapes, namely painted images. This sprang from explaining the relationship between animation and paintings, and for this reason, discussions of movements in animation were understood in tradition of chromophotograph of Muybridge and Jules Marey, or some characteristics owned by the live-action film. However, movements of animation were essentially different from the indexical sign of films or photogram, and objects of reproduction were different between them. Movements reproduced by animation are not ordinary movements, but expressions of or compressed movements and considerably systematic movements. As a result, these movements are far from reproduction of live-action film photogram. Rather, the logic of movements reproduced by animation comes near to controlling their motion scopes, time, distance etc. after dividing each part of the body. This is concluded in a standpoint of modern mechanism which is represented by Descartes and La Mettrie who tried to understand human body as a exchangeable machine. Design of modern mechanism ranging from modern society to industrial society and the age of modernism came to lead to analysis of physical motions of modern industrial society called composition of efficient movements understanding them as the law of nature rather than movements as nature. In the late 19th century, Taylor, F. W. and Gilbreth, Frank Bunker's studies of workers' working hours and 'motion study' were a way of constituting the frame of machine-human, which indicates that tradition of modern mechanism affected the entire modernism passing through industrial society. Further, we can see that motion studies conducted by them have almost similar characteristics to action analysis to study animation later in the name of 'timing'.

A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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An Analysis of Referrals, Nursing Diagnosis, and Nursing Interventions in Home Care - Wonju Christian Hospital Community Health Nursing Service - (가정간호 기록지 분석 - 원주기독병원 가정간호 보건활동을 중심으로 -)

  • Suh, Mi-Hae;Huh, Hae-Kyung
    • Journal of Home Health Care Nursing
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    • v.3
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    • pp.53-66
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    • 1996
  • Home Health Care is one part of the total health care system. It includes health care services that link the hospital to the community. While it is important for early discharge patients, home care is also important for people with chronic illnesses or handicapping conditions. In 1989 the Korean government passed a law that opened the way for formal development of home health care services beginning with education programs to certify nurses for home care, and then demonstration home care services. Part of the mandate of the demonstration projects was evaluation of home care services. This study was done in order to provide basic data that would contribute to the development of records that could be used for evaluation through a retrospective audit and to examine the care that had been given in Home Care at Wonju Christian Hospital over a twenty year period from 1974 to 1994. The purposes of the study were : to identify to characteristics of the clients who had received home care, to identify the reasons for client referrals, to identify the nursing problems of these clients, to identify the nursing care provided to these clients, and to identify differences in these areas over the twenty year period. The study was a descriptive study involving a retrospective audit of the client records. Demographic data on all clients were included : 4,171 clients from 2,564 families. Data on referrals, nursing diagnosis and nursing interventions were from even numbered records which had a patient problem list included in the record, 2,801 clients, Frequencies and ANOVA were used in the analysis. The results of the study showed that the majority of the clients were from Wonju city /county. There were more women than men related to the high number of postpartum clients(1,300). The high number of postparttum clients and newborns was also evident in the age distribution. An the number of maternal-child clients decreased over the 20 years, the mean age of the clients increased significantly. Other factors also contributed to this change ; as increasing number of clients with brain injuries or with cancer, and fewer children with burns, osteomyelitis and tuberculosis. There was a decrease in the mean number of visits and mean length of coverage, reflecting a movement towards a short term acute care model. The number of new clents dropped sharply after 1985. The reasons for this are : the development of other treatment alternatives for clients, the establishment of an active wellbaby clinic, many more options plus a decreasing number of new cases of Hansen's Disase, and insurance that allows people with burns to be kept in hospital until skin grafts are healed. Socioeconomic changes have resulted in an increase in the number of cases of cancer, stroke, head injuries following car accidents, and of diabetes. Of the 2,801 client records, 2,541(60.9%) contained a written referral but for 1,802 it contained only the medical diagnosis. The number of records with a referral requesting specific nursing care was 739(29.1%). Many family members who were identified as in need of nursing care had no written referral. Analysis of the patient problem list showed that 41.9% of the enteries were nursing diagnoses. Others incuded medical diagnosis, symptoms, and plans. The most frequently used diagnoses were alteration in nutrition, less than body requirements(115 entries), alteration in skin integrity(114), knowledge deficit(111), pain(78), self-care deficit(66), and alteration in pattern of urinary elimination(50). These are reflected in the NANDA categories for which the highest number of diagnosis was in the Exchanging pattern(446), followed by Moving(178), Feeling(136) and Knowing (115). Analysis of the frequency of interventions showed that exercise and teaching about exercise was the most frequent intervention, followed by teaching concering the need for follow-up care, checking vital signs, managing nutritional problems, managing catheters, giving emotional support, changing dressings, teaching about medication, teaching (subject not specified), teaching about diet, IM and IV medications or fluid, and skin care, in that order. Recommendations included: development of a record that would allow for efficient recording of frequently used nursing diagnoses and nursing interventions: expansion of the catchment area for Home Care at Wonju Christian Hospital ; expansion of the service to provide complication prevention, rehabilitation services, and support to increase the health maintenance /health promotion of the people being served as well as providing client dentered care ; and development of a clinical record that will allow efficient data collection from records, even though the recording is done by a variety of health care providers.

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An Ontology Model for Public Service Export Platform (공공 서비스 수출 플랫폼을 위한 온톨로지 모형)

  • Lee, Gang-Won;Park, Sei-Kwon;Ryu, Seung-Wan;Shin, Dong-Cheon
    • Journal of Intelligence and Information Systems
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    • v.20 no.1
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    • pp.149-161
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    • 2014
  • The export of domestic public services to overseas markets contains many potential obstacles, stemming from different export procedures, the target services, and socio-economic environments. In order to alleviate these problems, the business incubation platform as an open business ecosystem can be a powerful instrument to support the decisions taken by participants and stakeholders. In this paper, we propose an ontology model and its implementation processes for the business incubation platform with an open and pervasive architecture to support public service exports. For the conceptual model of platform ontology, export case studies are used for requirements analysis. The conceptual model shows the basic structure, with vocabulary and its meaning, the relationship between ontologies, and key attributes. For the implementation and test of the ontology model, the logical structure is edited using Prot$\acute{e}$g$\acute{e}$ editor. The core engine of the business incubation platform is the simulator module, where the various contexts of export businesses should be captured, defined, and shared with other modules through ontologies. It is well-known that an ontology, with which concepts and their relationships are represented using a shared vocabulary, is an efficient and effective tool for organizing meta-information to develop structural frameworks in a particular domain. The proposed model consists of five ontologies derived from a requirements survey of major stakeholders and their operational scenarios: service, requirements, environment, enterprise, and county. The service ontology contains several components that can find and categorize public services through a case analysis of the public service export. Key attributes of the service ontology are composed of categories including objective, requirements, activity, and service. The objective category, which has sub-attributes including operational body (organization) and user, acts as a reference to search and classify public services. The requirements category relates to the functional needs at a particular phase of system (service) design or operation. Sub-attributes of requirements are user, application, platform, architecture, and social overhead. The activity category represents business processes during the operation and maintenance phase. The activity category also has sub-attributes including facility, software, and project unit. The service category, with sub-attributes such as target, time, and place, acts as a reference to sort and classify the public services. The requirements ontology is derived from the basic and common components of public services and target countries. The key attributes of the requirements ontology are business, technology, and constraints. Business requirements represent the needs of processes and activities for public service export; technology represents the technological requirements for the operation of public services; and constraints represent the business law, regulations, or cultural characteristics of the target country. The environment ontology is derived from case studies of target countries for public service operation. Key attributes of the environment ontology are user, requirements, and activity. A user includes stakeholders in public services, from citizens to operators and managers; the requirements attribute represents the managerial and physical needs during operation; the activity attribute represents business processes in detail. The enterprise ontology is introduced from a previous study, and its attributes are activity, organization, strategy, marketing, and time. The country ontology is derived from the demographic and geopolitical analysis of the target country, and its key attributes are economy, social infrastructure, law, regulation, customs, population, location, and development strategies. The priority list for target services for a certain country and/or the priority list for target countries for a certain public services are generated by a matching algorithm. These lists are used as input seeds to simulate the consortium partners, and government's policies and programs. In the simulation, the environmental differences between Korea and the target country can be customized through a gap analysis and work-flow optimization process. When the process gap between Korea and the target country is too large for a single corporation to cover, a consortium is considered an alternative choice, and various alternatives are derived from the capability index of enterprises. For financial packages, a mix of various foreign aid funds can be simulated during this stage. It is expected that the proposed ontology model and the business incubation platform can be used by various participants in the public service export market. It could be especially beneficial to small and medium businesses that have relatively fewer resources and experience with public service export. We also expect that the open and pervasive service architecture in a digital business ecosystem will help stakeholders find new opportunities through information sharing and collaboration on business processes.