• Title/Summary/Keyword: illegal compensation

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System Thinking Analysis on The Organizational Entropic Measures: Focusing on Workers' Speedy Compensation (조직의 엔트로피식 처방에 대한 시스템 사고 분석: 산업재해 신속보상을 중심으로)

  • Yang, Jeong-Ho
    • Korean System Dynamics Review
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    • v.14 no.4
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    • pp.63-89
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    • 2013
  • The purpose of this paper is to explain the entropic measures could cause the organization to increase the entropy. The organization as an open system has a tendency to input new energy to adapt itself to the change in its surroundings. This intention of inputting energy into organization is based on the second law of thermodynamics, the laws of entropy.Entropy is a measure of disorder, or a measure of progressing towards thermodynamic equilibrium. The entropy of an isolated system increases. Organizations have to open to their environment, have to do something to reduce their entropy. But, this attempt to reduce entropy entails another entropy. This study shows the side effects by giving examples of illegal receipt of worker's compensation insurance. The implications through the cases of illegal receipt of workers' compensation are as follows. Firstly, organizational policy is that inaction in itself may be the best policy, unless we always think the action best. Secondly, public organization should be careful in substituting business management in the private sector such as customer satisfaction(CS) for the value in public sector. Thirdly, the setting the expiration date of organizational policy could be the way to slow down the degree of entropy.

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A Study about Circumstances and Perception of Construction Accident Compensation (건설업 재해처리에 대한 환경 및 인식변화 고찰)

  • Hong, Sung-Ho;Choi, Jin-Woo
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.5
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    • pp.69-74
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    • 2010
  • It is the law that injured workers must be paid compensation through occupational health and safety insurance. But sometimes, construction companies cover the compensation for an accident by themselves in order to conceal the fact of an accident. The reason for this concealment is that they wish to get a high mark in PQ. From the point of view of a subcontractor, another reason is to avoid any negative consequences in bids. According to interviewees, some workers, knowing the vulnerability of their employers in this area, demand unreasonable levels of compensation. This study examined the circumstances, influences and participants' perception of accidents on construction sites.

Effectiveness analysis about Readjustment of Fishery Permit (어업허가 일제정비제도 도입에 따른 효과분석)

  • Lee, Kwang-Nam;Jung, Jin-Ho
    • The Journal of Fisheries Business Administration
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    • v.42 no.2
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    • pp.97-112
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    • 2011
  • The coastal and offshore fishery to manage from a fishery permit system in our country at present seems to be a sign of lots problem, which are illegal fishing, a permit rent, non fishing vessel the purpose of vessel reduction, fishery compensation, tax exemption oil, the excessive occurrence of administrative cost due to differences during a period of a fishery permit. All the readjustment system for the permit has suggested an effective solution for a fishery permit management, the maintenance of a fishery order(the prevention of illegal fishery), the prevention of unused fishery, the entrance of new vessel in coastal fishery and it's system has prevent this problems in ahead. This paper has estimated an prevention convenience for an illegal spill of the tax exemption oil, actual effects of vessel reduction, the conservation of fishery resource for the future value and carried out an economic analysis to estimate compliance cost for the system introduction. Also, this study have analyzed throughly the coastal fishery situation and catched lots of issues on the management for the permit system. Especially, the problems improving the readjustment introduction for the permit have estimated the social and economic effects quantitatively and qualitatively with a calculated technique to classify various scenarios. This paper has judged correctly the term of validity for the permit to shorten as a result of the estimation and it will be to take the net convenience cost 1,655thousand million won. The results of this study have expect to provide a basic data to introduce the readjustment system for the permit.

A Study on Important Matters of the State Tort Liability (국가배상책임(國家賠償責任)의 요건(要件)에 관한 고찰(考察) - 위법성(違法性)과 과실(過失)을 중심(中心)으로 -)

  • Kyoung, Jai-Uhng
    • Korean Security Journal
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    • no.8
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    • pp.1-26
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    • 2004
  • The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

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A Study on the Tort of Public Servant and Liability in State Compensation (공무원의 불법행위와 국가배상책임의 고찰)

  • Yeon, Hwa-Jun
    • Journal of Digital Convergence
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    • v.14 no.6
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    • pp.51-60
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    • 2016
  • The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

A Study on the Copyright Policy and Open Access for Noncommercial Scholarly Works (비영리학술저작물의 저작권정책과 오픈액세스에 관한 연구)

  • Joung, Kyoung-Hee
    • Journal of the Korean Society for information Management
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    • v.24 no.4
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    • pp.97-117
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    • 2007
  • This study is about the copyright policies by Korean government and the revision of the article 31 library exemption provision in the Copyright Act of Korea for noncommercial scholarly works considering through cases of copyright disputes occurred in Korea during the $2005{\sim}2007$. This study proposes that works not for sale including thesis should be exempted from the copyright compensation in the article 31(5) in the Copyright Act of Korea based on the properties of noncommercial scholarly works and the regulations on works for not for sale in the current Korean copyright act. Also, this study reports that the copyright trust of scholarly articles by the copyright trust management agency is illegal in part and the government which has a duty to direct it has to control the illegal actions. Finally, this study proposes that noncommercial scholarly works such as thesis and scientific articles are to be open access and Korean government should develop open policies for them.

A Qualitative Study for Foreign Workers Exposed hazard Chemical Materials in Korean Industry (유해화학물질 취급 외국인 근로자의 적응과정)

  • Kim, Hyun Li;Kim, Jeong Hee;Song, Yeon Ee;Yi, Ggodme;Jung, Hye Sun;Hyun, Hye JIn;Kim, Hee Girl
    • Korean Journal of Occupational Health Nursing
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    • v.15 no.2
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    • pp.94-103
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    • 2006
  • Purpose: This study was to understand foreign workers' experiences exposed hazard chemical materials in korean industry. Method: The research subjects were 92 foreign workers worked in seoul, namyangju, ansan, suwon, pocheon, incheon, jincheon, and daejeon. It was that grounded theory method as qualitative approach was applied with in-depth interview, recording and dictation, and collected data was analysed line-by-line by research teams. The analysis process of in depth interview data was three phase. Results: The first phase was that find out meaningful data and confronted data for meaningful data was 53 meaningful items. The second phase was coding process of meaningful data, total coding items were 9, difficulty of new environment, existence of health hazard factors originated in work, performance of basic health management, management of hazard materials in work-site, self care of hazard materials in work-site, discrimination of disaster-compensation originated in work, perception of work stress, motivation of leaving position, satisfaction for present life. The third phase was 5 adaptation process, copying phase for new environment, management phase for health hazard factors, health change phase, life change phase, illegal stay phase. Conclusion: In summary, as a results it was concluded that foreign workers was experienced new environment and then has various problems in working site. But these evidences were not different from korean workers basically, undoubtedly reality of a korean small and medium enterprise. And foreign workers with long time stay have had many health problems probably, but they have want to long stay and so reach an unexpected result, illegal long stay. Therefore, we should make efforts for adequate foreign workers' health management at work-site and overall life in governmental and industrial nursing level.

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Study on Safety Measures for Foreign Tourists Visiting Korea (외국인 관광객 대상 위법행위 실태와 관광경찰제도에 관한 연구)

  • Lee, Chang-Moo;Lee, Do-Sun
    • Korean Security Journal
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    • no.37
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    • pp.197-220
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    • 2013
  • To develop the tourism industry, which is a 'no smoking environment-friendly green industry' and can contribute to creating jobs, it is the goal of top priority to resolve foreign tourists' discomfort and fear by allowing them to look around the country satisfactorily without fear and return to their home and inducing them to naturally promote tourism in South Korea to people around them. No matter how great tourist attractions a country has, there is not many foreign tourists who will go on a tour trembling with fear of crimes such as thefts, frauds, threats and blackmail. Therefore, it is necessary to prepare the conditions of tourism free from various illegal acts and inconveniences for domestic and foreign tourists, and for this, it is urgently necessary to make efforts to improve laws and institutions. Domestic tourists can report their complaints themselves through the Tourist Complaint Center of Korea Tourist Service, Inc. or Korea Consumer Agency, or to the police through the 112 Crime Report. In contrast, there are a lot of cases in which foreign tourists cannot receive compensation as it is not easy for them to report due to the differences in language, culture and the criminal justice system though they have suffered illegal acts or inconveniences. This, consequently, has an adverse effect that would disturb the tourism in South Korea as the tourists may spread its bad images to people around them after they return to their home countries with discomfort, so it is urgently necessary to establish a foreign tourist-centered tourist police system.

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Review of 2010 Major Medical Decisions (2010년 주요 의료 판결 분석)

  • Lee, Jung-Sun;Seo, Young-Hyun;Yoo, Hyun-Jung
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.177-225
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    • 2011
  • Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

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A Study on Tram Traffic Accidents Characteristics and Safety Measures (트램 교통사고 특성 및 안전대책에 관한 연구)

  • Lee, Sooil;Myung, Myohee;Kim, Taeho
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.39 no.4
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    • pp.505-512
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    • 2019
  • This study is a basic study to prepare safety measures for the tram that is being introduced into Korea by reviewing accident analysis and accident compensation system of the tram. Analysis of accident characteristics of the tram was analyzed based on overseas data. Five years after the inauguration of the tram, accidents were halved and stabilized. Deaths accounted for 0.5 % of all casualties, most accidents were minor. Accidents with other mean transportation were high 84.1 %, among them accidents with passenger cars was found to be highest. The frequent points of accidents were analyzed as intersections and tram stop, and measures for pedestrian accidents were found to be important. Those are proposed safety measures through analyzing tram accident characteristics: Monitoring accidents which occur within five years of its inauguration, developing accident database input system, installation of fences for preventing people from jaywalking, operating traffic signal for preventing people from jaywalking through connection of pedestrian signals and tram signals, clamping down on illegal U-turn cars and jaywalking pedestrian, Also, those are proposed accident treatment measures based on general driver receptively and overseas data: property damage liability coverage (PI) of car insurance, comparative negligence when the accident occurs between car and tram.