• Title/Summary/Keyword: legal basis

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Development of China's water public-private partnership and the growth of Chinese water players (중국 물산업 민관협력사업(PPP) 발전과정과 중국 물기업의 성장요인 분석에 관한 연구)

  • Oh, Jihye
    • Journal of Korea Water Resources Association
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    • v.55 no.3
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    • pp.217-227
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    • 2022
  • Since China adopted Public-Private Partnerships (PPPs) in the water sector in the early 1990s, PPPs have played a key role in improving infrastructure development in China. As the Chinese water market became one of the most enormous and potential existing in the world, once a water player settles down in the market, the company tends to be the world-leading water player on the basis of the number of people served from water infrastructure. Unlike the early PPP period overwhelmed by several water transnational corporations, local water players began to dominate the domestic market and have recently expanded their influence overseas. The Chinese government has continuously intervened to promote private sector participation of local water players in the PPP development process in legal and institutional aspects. Thus this article examined the development of water PPPs in China and analyzed the successful elements of local water players' growth related to the government policy.

Strategy for Establishing a Rights Processing Platform to Enhance the Utilization of Open Data (공공데이터 활용성 제고를 위한 권리처리 플랫폼 구축 전략)

  • Sim, Junbo;Kwon, Hun-yeong
    • Journal of Information Technology Services
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    • v.21 no.3
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    • pp.27-42
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    • 2022
  • Open Data is an essential resource for the data industry. 'Act On Promotion Of The Provision And Use Of Public Data', enacted on July 30, 2013, mandates public institutions to manage the quality of Open Data and provide it to the public. Via such a legislation, the legal basis for the public to Open Data is prepared. Furthermore, public institutions are prohibited from developing and providing open data services that are duplicated or similar to those of the private sector, and private start-ups using open data are supported. However, as the demand for Open Data gradually increases, the cases of refusal to provide or interruption of Open Data held by public institutions are also increasing. Accordingly, the 'Open Data Mediation Committee' is established and operated so that the right to use data can be rescued through a simple dispute mediation procedure rather than complicated administrative litigation. The main issues dealt with in dispute settlement so far are usually the rights of third parties, such as open data including personal information, private information such as trade secrets, and copyrights. Plus, non-open data cannot be provided without the consent of the information subject. Rather than processing non-open data into open data through de-identification processing, positive results can be expected if consent is provided through active rights processing of the personal information subject. Not only can the Public Mydata Service be used by the information subject, but Open Data applicants will also be able to secure higher quality Open Data, which will have a positive impact on fostering the private data industry. This study derives a plan to establish a rights processing platform to enhance the usability of Open Data, including private information such as personal information, trade secrets, and copyright, which have become an issue when providing Open Data since 2014. With that, the proposals in this study are expected to serve as a stepping stone to revitalize private start-ups through the use of wide Open Data and improve public convenience through Public MyData services of information subjects.

The Influence of South Korea's OFDI under the Effects of Multinational Enterprises' Investment Motivations and Host Country Institutions

  • Jie Gao;Jianlin Li;Ke Yuan;Wanli Liu
    • Journal of Korea Trade
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    • v.26 no.5
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    • pp.1-22
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    • 2022
  • Purpose - This study aims to analyze the influence of South Korea's outward foreign direct investment (OFDI) under the effect of both multinational enterprises' (MNEs) investment motivation and host country institutions. Some suggestions are put forward with regard to South Korean MNEs participating in and integrating into the fierce and changeable world of international market competition. Design/methodology - The basic hypotheses are that MNEs' investment motivations and the host country's superior institutions both boost South Korea's OFDI in those host countries. South Korea's OFDI is divided into investment choice stage and investment scale stage. A Heckman two-stage selection model is established for empirical analysis, using the panel data of South Korea's OFDI and related variables, from 2002 to 2019. Findings - (1) The influence on the investment scale of South Korea's OFDI is more regular and noteworthy than the influence on investment choice. (2) In the investment scale stage, there are obvious motivations to seek markets, labor force and superior technology, but not natural resources. (3) In the investment scale stage, the South Korea's OFDI is more obviously attracted by the host country's superior political institutions, economic institutions and legal institutions, but not cultural institutions. Originality/value - The choices of variables and uses of model expand the theoretical basis and empirical method of OFDI research. The results of the empirical study also provide some reference for the transnational investment of South Korean MNEs and the investment policy formulation of the South Korean government.

A Study on the Subjective Scope of an Arbitration Agreement (중재합의 효력의 주관적 범위에 관한 고찰)

  • Soo-Mi Kang
    • Journal of Arbitration Studies
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    • v.33 no.1
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    • pp.51-76
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    • 2023
  • It is important who is bound by an arbitration agreement and what is the subject of the agreement in resolving disputes through arbitration. However, there are no provisions on them in the Korean Arbitration Act. Where an arbitration agreement is valid, the persons who are bound by the agreement cannot bring the claims which are the subject of the agreement to a court. Therefore, in determining the subjective scope of the effect of an arbitration agreement, we should make allowances for the essential qualities of arbitration to ensure the efficient resolution of disputes on the basis of the parties' agreement, and take caution not to infringe on the rights to be tried in court. Where the rights or legal relationships constituting the dispute that is the subject of the arbitration agreement have been assigned, the effect of the arbitration agreement between the predecessor and the other party should be extend to the successor, when it is agreed to transfer the status under the arbitration agreement to the successor between the three. However, in the absence of such an agreement, it is necessary to weigh the interests between the predecessor, the other party and the successor to determine whether the arbitration agreement has any effect on the successor. Arbitration is a method of resolving disputes based on the agreement of the parties. If it matters whether third parties who are not parties to the arbitration agreement is bound by the arbitration agreement or may invoke it, it should be resolved according to the intentions of the parties. Where the parties to an arbitration agreement have agreed to allow a third party to invoke the arbitration agreement, the effect of the arbitration agreement will extend to the third party. However, even if the parties to the arbitration agreement have not expressly agreed on this, when it is recognized that the parties have sought to resolve the dispute through arbitration even in relation to a third party by exploring the reasonable intentions of the parties, the effect of the arbitration agreement will extend to the third party.

A Study on the Penalty Tax under the Korean Customs Act-Focusing on the Unconstitutionality of the Adminstrative Penalty Imposed together and Heavy Penalty Tax (한국 관세법상 가산세에 관한 연구 - 행정형벌 병과와 중가산세 조항의 위헌 여부 등을 중심으로)

  • Min-Gyu Park
    • Korea Trade Review
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    • v.46 no.3
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    • pp.185-201
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    • 2021
  • This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

Major Medical Issues and Interests in the Joseon Dynasty - Focusing on Enforcement Laws (조선시대 주요 의료 관련 쟁점과 관심사 - 시행법령을 중심으로)

  • PARK Hun-pyeong
    • The Journal of Korean Medical History
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    • v.36 no.1
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    • pp.31-50
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    • 2023
  • Through this paper, all the provisions of the enforcement statutes stipulated in the Joseon's law code were investigated and major medical issues and interests in the Joseon Dynasty were analyzed. The characteristics of each period reviewed in the text are as follows. The early Joseon Dynasty is divided into three periods. First of all, Joseon filled the gap in the law with the active acceptance of the Ming Dynasty's law code, Daemyeongrul, which conformed to Confucian virtue. Next, the completion of Gyeonggukdaejeon was an opportunity to prepare the basis for Joseon's medical laws. Lastly, from the late 15th century to the 16th century, the existing medicine promotion measures and emphasis on hyangyak(domestic herb) continued. it can be said that Joseon's politicians needed a medical policy based on Confucian virtues and maintained state-led promotion policies, but on the other hand, there was no other alternative to try newly by reflecting the limitations and failures of the policy. The late Joseon Dynasty is also divided into three periods. First of all, the period from the late 16th century to the early 18th century was marked by the growth of families in technical positions. The era of King Yeongjo can be said to be the period of reorganization of medical related laws. Finally, the period after the late 18th century is a period of passive regulation and supplementation. Lastly, the revision of the actual medical law was not made or reflected in era of King Jeongjo. In the case of the early Joseon Dynasty, the policy shifted from state-led to families in technical positions. However, in the 19th century, the weakening of the royal authority led to the weakening of the overall administrative system of the country, and the pharmaceutical policy had to be limited.

Analyzing the Relative Importance of Exterior Space in Urban Development Projects (도시개발사업에서의 외부공간계획에 대한 상대적 중요도 분석)

  • Lee, Lim-Jung
    • Journal of the Korean Institute of Rural Architecture
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    • v.25 no.4
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    • pp.37-44
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    • 2023
  • As a basic study to analyze the relative importance of external space in urban development projects, this study selects evaluation indicators for external space planning and then analyzes systematic external space planning through expert surveys. The scope of the study is to examine the criteria of evaluation items for external space derived from existing studies and to suggest the importance and priority of evaluation items. As a research method, we reviewed the legal and research literature on landscape planning and external space-related guidelines, and conducted a primary review of external space planning evaluation items analyzed by questionnaire. The reviewed items were again reviewed and selected through expert group discussions (FGI). The selected evaluation items were surveyed by expert groups and analyzed in depth using the hierarchical analysis method (AHP). Looking at the relative importance of the calculated sub-items, among the 17 sub-items, 'planning open space' (.096) is the largest, followed by 'pedestrianization' (.082), 'linking with adjacent buildings, streets, parks, and green areas' (.077), 'securing public space through various planning techniques such as linking with pedestrian paths' (.066), 'Plan the placement, form, and scale of buildings in consideration of the identity of the destination' (.065), 'Plan buildings, streets, parks, and green spaces in an integrated and holistic manner' (.065), 'Harmonize with the surrounding environment (landscape)' (.063), 'Harmonize with surrounding buildings and apply landscape planning in urban planning' (.063), 'Entrances and lower floors of buildings are planned as parks for users and pedestrians' (.060), 'Preserve and expand green areas and establish maintenance plans for urban greening' (.054), 'Form the basis for a comfortable life for urban residents by providing long-term development directions' (.047), 'Activate community activities and plan pedestrian environments and streetscapes considering human scale' (.047), 'Establish and propose basic directions for urban greening' (.046), 'Plan buildings, streets, parks, and green areas considering the hierarchy and characteristics of the landscape structure' (.045), 'Plan for integrated land use' (.045), 'Create green axes in connection without cutting them due to development activities' (.044), and 'Apply barrier free design' (.034).

Study on the EMC Engineering for Fixed Installations (복합설비를 위한 EMC 엔지니어링 연구)

  • Young-Heung Kang
    • Journal of Advanced Navigation Technology
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    • v.27 no.6
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    • pp.798-803
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    • 2023
  • In the industrial internet of things (IIoT) industry, including smart factories, there are many cases where electronic devices are complexly combined and installed due to the recent development of intelligent information technology. Electromagnetic waves generated from such complex facilities affect other devices and services, which can lead to safety issues. The problem such as electromagnetic interference (EMI) and electromagnetic compatibility (EMC) generated when controlling complex facilities is an essential element that must be solved, and the engineering basis for EMI and EMC must be established to foster the industry of complex facilities. Therefore, in this study, EMC & EMI engineering demonstration cases for solar power fixed facilities using the national standard guideline have been analyzed. The results show that the electromagnetic risk indices in the solar power facilities have been degraded up to control level, and a national EMC engineering system has been proposed for complex facilities.

The Effects of Work Sense, Job Stress, Job Satisfaction on Turnover Intention of Caregivers in Long-Term Care Hospitals (요양병원 간병인의 직업의식, 직무스트레스, 직무만족도가 이직의도에 미치는 영향)

  • Hyeon-Suk Han;Wang-keun Yoo;Eun-Su Do
    • Korea Journal of Hospital Management
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    • v.28 no.4
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    • pp.23-32
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    • 2023
  • Purposes: Caregivers are placed in a poor working environment because there is no special legal basis or definition in the current medical system, and they have difficulty in supplying manpower due to frequent job change and retirement. Therefore, this study aimed to find out the effect on job consciousness, job stress, job satisfaction, and turnover intention of caregivers in nursing hospitals for the elderly. Methodology: In this study, a survey was conducted from May 2nd to 16th, 2022, targeting caregivers with more than 6 months of work experience working at 10 nursing hospitals in D City. Data were collected through convenience sampling, and a self-administered questionnaire method was used, in which subjects filled out a questionnaire. A total of 240 questionnaires were distributed, and 220 copies were considered for the final analysis after excluding non-response or inappropriate questionnaires for data use. Data analysis used t-test, ANOVA, Pearson's correlation coefficient, and multiple linear regression analysis, and the main results are as follows. Findings: Job stress and job satisfaction showed a significant correlation with the level of turnover intention, and were also found to be major determinants. On the other hand, among the occupational characteristics of the study subjects, employment type, job motivation, service period, number of patients, injury experience, and license status showed a significant difference from turnover intention. Conclusion: As a result of the above research, in order to prevent job turnover and retirement by improving job stress and job satisfaction of caregivers engaged in nursing hospitals, it is necessary not only to legalize caregivers, but also to secure an appropriate level of caregivers for nursing hospitals and improve specific treatment for caregivers. Ultimately, a policy alternative that can provide quality nursing service is required.

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Assessment of the Locations for Carbon Monoxide Monitoring Stations in Daegu according to Emission Distribution (배출량 분포에 따른 대구시 일산화탄소 측정망 위치의 적절성 평가)

  • Kim, Hyo-Jeong;Jo, Wan-Kuen
    • Spatial Information Research
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    • v.20 no.2
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    • pp.25-34
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    • 2012
  • Air quality in Daegu area is lower compared to many other cities, since Daegu is a basin surrounded by mountains. Accordingly, the present study investigated the location of carbon monoxide(CO) monitoring stations for systematic CO pollution management on the basis of the CO emission distribution in Daegu area. In order to achieve this purpose, the location of CO monitoring stations, which can be used for the establishment of CO management, were assessed. Emission map in Daegu area was prepared using numerical map and Clean Air Policy Support System(CAPSS) data supplied by the M inistry of Environment. Average emissions were estimated by dividing emission sources into four subgroups(roadway, apartment, industry, and municipal incineration facility) according to legal division. The CO emission intensities were subdivided into 10, which a high number represents a high emission intensity, and the current monitoring stations were evaluated for the determination of their steps in CO emission intensities. As a result, additional installation of monitoring stations were suggested for the high CO emission areas rather than the low CO emission areas. A systematic CO management strategy would be established by the supplying various principle CO data when the CO monitoring stations are additionally installed at Kukwudong and other six sites on the basis of analyses of data obtained from 1999 to 2007.