• Title/Summary/Keyword: legal basis

검색결과 588건 처리시간 0.021초

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

  • 오지혜
    • 한국수자원학회논문집
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    • 제55권3호
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    • pp.217-227
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    • 2022
  • 중국 물시장에 PPP를 도입한 이후, 몇몇 다국적기업이 장악했던 중국 물시장은 중국기업의 괄목할만한 성장과 함께 외국기업의 독점적인 지위는 무너지고, 경쟁적인 시장이 되었다. 진입장벽이 높은 물시장에서 중국 기업이 어떻게 주목할만한 성장을 할 수 있었는지 알아보기 위해, 중국 물산업 PPP의 발전과 중국 물기업의 성장요인을 중국 정부 정책 및 전략 변화의 흐름에 따라 이해하고자 한다. 따라서 해외시장에 진출하고자 하는 한국 물기업의 전략 수립 등에 있어 중요한 참고자료로 활용될 것으로 기대된다.

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

  • 심준보;권헌영
    • 한국IT서비스학회지
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    • 제21권3호
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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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    • 제26권5호
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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.

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

  • 강수미
    • 한국중재학회지:중재연구
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    • 제33권1호
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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.

한국 관세법상 가산세에 관한 연구 - 행정형벌 병과와 중가산세 조항의 위헌 여부 등을 중심으로 (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)

  • 박민규
    • 무역학회지
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    • 제46권3호
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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.

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

  • 박훈평
    • 한국의사학회지
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    • 제36권1호
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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.

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

  • 이임정
    • 한국농촌건축학회논문집
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    • 제25권4호
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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).

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

  • 강영흥
    • 한국항행학회논문지
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    • 제27권6호
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    • pp.798-803
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    • 2023
  • 스마트팩토리 (smart factory)를 비롯한 IIoT (industrial internet of things) 산업 분야에서는 최근 지능 정보화 기술의 발달로 전자기기들을 복합적으로 결합하여 설치하는 경우가 많다. 이와 같은 복합시설로부터 발생되는 전자파가 다른 기기 및 서비스에 영향을 주어 전자파 영향이 안전의 문제로 연결될 수 있으므로 복합시설 제어 시 발생하는 전자파간섭 (EMI; electromagnetic interference) 및 전자파적합성 (EMC; electromagnetic compatibility) 문제는 반드시 해결해야 할 필수 요소이며, 복합시설의 산업 육성을 위한 전자파 안전관리 기반이 마련되어야 한다. 이에 본 연구에서는 복합시설 등의 전자파 안전관리 대책 기반 조성을 위해 국가표준으로 개발된 전자파 안전관리 가이드라인에 의해 태양광 복합시설의 안전관리 실증을 수행하였다, 그 결과 태양광 전자파 안전관리를 통해 전자파 위험도를 관리 수준으로 낮추었으며, 국내 복합시설 전자파 안전관리 제도 마련을 위한 정책적 방안을 제시하였다.

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

  • 한현숙;유왕근;도은수
    • 한국병원경영학회지
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    • 제28권4호
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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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배출량 분포에 따른 대구시 일산화탄소 측정망 위치의 적절성 평가 (Assessment of the Locations for Carbon Monoxide Monitoring Stations in Daegu according to Emission Distribution)

  • 김효정;조완근
    • Spatial Information Research
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    • 제20권2호
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    • pp.25-34
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    • 2012
  • 대구지역은 주위가 산으로 둘러싸인 분지형 도시이기 때문에 대기 환경 쾌적성이 타 도시 보다 낮은 편이다. 따라서 본 연구에서는 대구지역 자동대기오염측정소의 위치를 일산화탄소(CO) 배출량 분포에 기초하여 CO를 체계적으로 관리하기위한 적합한 장소에 대해 조사하였다. 이를 위하여 현재 대구지역 CO 관리정책 수립에 기초자료를 제공하는 자동대기측정소의 위치 적절성에 대하여 평가하였다. 대구시 수치지도와 환경부에서 제공하는 CAPSS(대기정책지원시스템 ; Clean Air Policy Support System) 자료를 활용하여 배출량 지도를 작성하였다. 도로, 아파트, 공장, 소각장 4가지로 구분하여 배출량을 입력한 뒤 법정동별 평균 배출량을 산출하였다. CO 배출지역을 고 배출량 지역과 저 배출량 지역 10단계로 구분하고 현재 측정소가 어느 단계에 해당하는지 조사하였다. 결과적으로, 저 배출량 지역 보다는 CO 고 배출량 지역에 해당하는 측정소가 부족한 것으로 나타났다. 특히, 1999년부터 2007년까지 공통적으로 추가 설치가 필요하다고 나온 국우동 외 6곳에 CO 측정망이 설치된다면 보다 다양한 기초 자료의 제공으로 체계적인 CO 관리가 가능할 것으로 판단된다.