• Title/Summary/Keyword: legal engineering

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A Study on Improvement of Contract Regulations for Adjusting Contract Amount in Public Construction - Focused on examples of price fluctuation classification - (공공건설 계약금액 조정의 계약예규 개선방안 연구 - 물가변동 분류 사례 중심으로 -)

  • Lee, Wonjei;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.82-89
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    • 2020
  • Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.6
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

A Study on the Necessity and Direction of Regulations on the Emission of Hazardous and Noxious Substances from Marine Industrial Facilities (해양산업시설의 위험유해물질 해양배출 규제체계 개선의 필요성과 규제방향에 대한 연구)

  • Lee, Moonjin;Kim, Kyewon;Kang, Wonsoo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.6
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    • pp.737-743
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    • 2021
  • In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

Study on the Management and Improvement Methods of Fire Safety Shared Tax (소방안전교부세의 운영 및 개선방안에 관한 연구)

  • Jang, Jung-Don;Lee, Jong-Ho
    • Fire Science and Engineering
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    • v.32 no.6
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    • pp.117-125
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    • 2018
  • This paper examined the problems concerning recognition of business selection and operation, etc. and the presentation of the corresponding improvement measures. For this purpose, according to the results of a questionnaire survey on recognition of detailed business operation of the fire safety shared tax, satisfaction in business execution, financial operation measures for the subject of fire fighters, fire fighters have been shown to be indifferent to the detailed business field of fire safety shared tax, investment contents, etc. in the operation of fire safety shared tax. In terms of satisfaction after execution of the shared tax, reduction of the aging rates for firefighting equipment and improvement of dissemination rate was shown to be high with Fire Sergeant (M = 3.70) and a service duration of more than 16 years (M=3.64). To improve the measures of finance, there was considerable feedback saying that the reduction in state subsidy was inappropriate. In view of the diversification and development of the fire safety shared tax businesses being operated on a limited basis along with the overlap of most state subsidy businesses with safety field businesses, legal system improvement is needed for the stable securing of insufficient firefighting financial resources so that the full amount of shared tax can be invested in firefighting fields.

A Study on the Cognizance of Hospital and oriental Hospital Workers for Medical Device Safety Information Monitoring (의료기기 안전성 정보 모니터링에 대한 한병병원 및 병원 종사자의 인지도 조사연구)

  • Kim, Ji Hyun;Nam, Ki Chang;Kim, Hojun;Nam, Yeon Gyo;Kim, You Jin;jo, Eun hye;Kwon, Bum Sun
    • Journal of Biomedical Engineering Research
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    • v.42 no.3
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    • pp.86-93
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    • 2021
  • Purpose: The purpose of this study is to find out the cognizance of medical device safety information (MDSI) monitoring in the hospital and oriental hospital workers, and the different aspect of MDSI between oriental medical devices and medical devices. Methods: The survey was performed both in the oriental medicine hospital and general hospital. The survey had 16 items; 2 items basic questions, 5 items in the awareness of MDSI, 5 items in the education of MDSI, 4 items in the necessity of defining oriental medical devices and differences between general and oriental medical devices. A total of 120 hospital worker were participated; 60 oriental medicine hospital workers and 60 general hospital workers. They had worked in the oriental medicine or general hospital associated with 'Medical Device Safety Monitoring Center, Dongguk University Ilsan Hospital' in 2019 and 2020. Results: The cognizance of MDSI was high both in oriental medicine hospital and general hospital workers and there were no significant differences between oriental medicine and general hospital workers. When we divided the hospital workers into the senior workers who had worked for over 3 years and junior workers for less than 3 years, the senior workers had higher awareness of MDSI than junior workers. However, the cognizance of education of MDSI was high which was not different between senior and junior workers. Both hospital workers thought that it was necessary to define oriental medicine device legally and the oriental medical device might have low risk and less side effect than medical device. Conclusion: The cognizance of MDSI was high and there was no significant differences between oriental medicine and general hospital workers. Because the senior hospital workers had higher recognition of MDSI, we need to provide the continuous education program for junior hospital workers. Although oriental medical device are thought to be safer than medical device, we need to have a legal definition.

An Analysis of Threat Factors for Strengthen Maritime Safety around Delphi/AHP-Based Launch Site and Flight Paths (Delphi/AHP 기반 발사장 주변 및 비행경로의 해상안전 강화를 위한 위협요인 분석)

  • Ahn-Tae Shin;Byung-Mun Park;Hun-Soo Byun
    • Korean Chemical Engineering Research
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    • v.61 no.2
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    • pp.208-216
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    • 2023
  • In this study, using the Delphi method, 20 responses to 4 questions (need for launch safety control, top-priority considerations for ensuring public safety during launch, necessary improvements for securing maritime safety, and maritime safety threat factors) regarding launch vehicles and public safety were obtained from experts, and their importance was evaluated to analyze the factors that threaten the reinforcement of maritime safety around launch sites and flight paths when launching. According to the results of an analytic hierarchy process (AHP) analysis, the consistency ratio of the four questions was 4.8%, which is lower than CR ≤ 0.1(10%), and the consistency percentage of the lower measurement indicators was 3.9~5.7%. The derived importance and priority of maritime safety threat factors during launching were in the following order: Substantial human and physical damage in case of launch accidents(0.36), Prepare legal bases (e.g., penalty details) regarding maritime control(0.32), Secure the safety of personnel, equipment, and facilities in danger zone(0.31), Unauthorized entry of vessels in maritime control zones and non-compliance to restrictions(0.30). This article can serve as a reference for strengthening maritime safety in areas around launch sites and flight paths.

Analysis of major issues in the field of Maritime Autonomous Surface Ships using text mining: focusing on S.Korea news data (텍스트 마이닝을 활용한 자율운항선박 분야 주요 이슈 분석 : 국내 뉴스 데이터를 중심으로)

  • Hyeyeong Lee;Jin Sick Kim;Byung Soo Gu;Moon Ju Nam;Kook Jin Jang;Sung Won Han;Joo Yeoun Lee;Myoung Sug Chung
    • Journal of the Korean Society of Systems Engineering
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    • v.20 no.spc1
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    • pp.12-29
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    • 2024
  • The purpose of this study is to identify the social issues discussed in Korea regarding Maritime Autonomous Surface Ships (MASS), the most advanced ICT field in the shipbuilding industry, and to suggest policy implications. In recent years, it has become important to reflect social issues of public interest in the policymaking process. For this reason, an increasing number of studies use media data and social media to identify public opinion. In this study, we collected 2,843 domestic media articles related to MASS from 2017 to 2022, when MASS was officially discussed at the International Maritime Organization, and analyzed them using text mining techniques. Through term frequency-inverse document frequency (TF-IDF) analysis, major keywords such as 'shipbuilding,' 'shipping,' 'US,' and 'HD Hyundai' were derived. For LDA topic modeling, we selected eight topics with the highest coherence score (-2.2) and analyzed the main news for each topic. According to the combined analysis of five years, the topics '1. Technology integration of the shipbuilding industry' and '3. Shipping industry in the post-COVID-19 era' received the most media attention, each accounting for 16%. Conversely, the topic '5. MASS pilotage areas' received the least media attention, accounting for 8 percent. Based on the results of the study, the implications for policy, society, and international security are as follows. First, from a policy perspective, the government should consider the current situation of each industry sector and introduce MASS in stages and carefully, as they will affect the shipbuilding, port, and shipping industries, and a radical introduction may cause various adverse effects. Second, from a social perspective, while the positive aspects of MASS are often reported, there are also negative issues such as cybersecurity issues and the loss of seafarer jobs, which require institutional development and strategic commercialization timing. Third, from a security perspective, MASS are expected to change the paradigm of future maritime warfare, and South Korea is promoting the construction of a maritime unmanned system-based power, but it emphasizes the need for a clear plan and military leadership to secure and develop the technology. This study has academic and policy implications by shedding light on the multidimensional political and social issues of MASS through news data analysis, and suggesting implications from national, regional, strategic, and security perspectives beyond legal and institutional discussions.

A Study on the Establishment of Comparison System between the Statement of Military Reports and Related Laws (군(軍) 보고서 등장 문장과 관련 법령 간 비교 시스템 구축 방안 연구)

  • Jung, Jiin;Kim, Mintae;Kim, Wooju
    • Journal of Intelligence and Information Systems
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    • v.26 no.3
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    • pp.109-125
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    • 2020
  • The Ministry of National Defense is pushing for the Defense Acquisition Program to build strong defense capabilities, and it spends more than 10 trillion won annually on defense improvement. As the Defense Acquisition Program is directly related to the security of the nation as well as the lives and property of the people, it must be carried out very transparently and efficiently by experts. However, the excessive diversification of laws and regulations related to the Defense Acquisition Program has made it challenging for many working-level officials to carry out the Defense Acquisition Program smoothly. It is even known that many people realize that there are related regulations that they were unaware of until they push ahead with their work. In addition, the statutory statements related to the Defense Acquisition Program have the tendency to cause serious issues even if only a single expression is wrong within the sentence. Despite this, efforts to establish a sentence comparison system to correct this issue in real time have been minimal. Therefore, this paper tries to propose a "Comparison System between the Statement of Military Reports and Related Laws" implementation plan that uses the Siamese Network-based artificial neural network, a model in the field of natural language processing (NLP), to observe the similarity between sentences that are likely to appear in the Defense Acquisition Program related documents and those from related statutory provisions to determine and classify the risk of illegality and to make users aware of the consequences. Various artificial neural network models (Bi-LSTM, Self-Attention, D_Bi-LSTM) were studied using 3,442 pairs of "Original Sentence"(described in actual statutes) and "Edited Sentence"(edited sentences derived from "Original Sentence"). Among many Defense Acquisition Program related statutes, DEFENSE ACQUISITION PROGRAM ACT, ENFORCEMENT RULE OF THE DEFENSE ACQUISITION PROGRAM ACT, and ENFORCEMENT DECREE OF THE DEFENSE ACQUISITION PROGRAM ACT were selected. Furthermore, "Original Sentence" has the 83 provisions that actually appear in the Act. "Original Sentence" has the main 83 clauses most accessible to working-level officials in their work. "Edited Sentence" is comprised of 30 to 50 similar sentences that are likely to appear modified in the county report for each clause("Original Sentence"). During the creation of the edited sentences, the original sentences were modified using 12 certain rules, and these sentences were produced in proportion to the number of such rules, as it was the case for the original sentences. After conducting 1 : 1 sentence similarity performance evaluation experiments, it was possible to classify each "Edited Sentence" as legal or illegal with considerable accuracy. In addition, the "Edited Sentence" dataset used to train the neural network models contains a variety of actual statutory statements("Original Sentence"), which are characterized by the 12 rules. On the other hand, the models are not able to effectively classify other sentences, which appear in actual military reports, when only the "Original Sentence" and "Edited Sentence" dataset have been fed to them. The dataset is not ample enough for the model to recognize other incoming new sentences. Hence, the performance of the model was reassessed by writing an additional 120 new sentences that have better resemblance to those in the actual military report and still have association with the original sentences. Thereafter, we were able to check that the models' performances surpassed a certain level even when they were trained merely with "Original Sentence" and "Edited Sentence" data. If sufficient model learning is achieved through the improvement and expansion of the full set of learning data with the addition of the actual report appearance sentences, the models will be able to better classify other sentences coming from military reports as legal or illegal. Based on the experimental results, this study confirms the possibility and value of building "Real-Time Automated Comparison System Between Military Documents and Related Laws". The research conducted in this experiment can verify which specific clause, of several that appear in related law clause is most similar to the sentence that appears in the Defense Acquisition Program-related military reports. This helps determine whether the contents in the military report sentences are at the risk of illegality when they are compared with those in the law clauses.

Improvement in Calculating Engineer Standard Wage Rate and Its Appropriate Level Computation (엔지니어링 노임단가 산출기준 개선방안과 적정 노임단가 추정)

  • Lee, Jae Yul;Lee, Hae Kyung
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.42 no.6
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    • pp.853-860
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    • 2022
  • The purpose of this study is to suggest an improvement plan for the calculation method of the engineer standard wage rate (ESWR) and to compute a reasonable ESWR. To this end, an adequacy review of theESWR calculation criteria was conducted along with an extensive engineering industry survey. The survey results were analyzed using an effective response sample of 748 companies out of 1,000 survey samples extracted by stratifying the 5,879 survey population. The main results were as follows. ①When calculating the engineering service fee, the prime contractor's engineer wage is suitable for the ESWR. The ESWR can be estimated by the formula 'average wage÷[1-proportion of subcontract orders×(1-subcontract rate)].' ② The field survey showed that the number of monthly working days was 20.35-20.54 days at 99 % confidence interval, which was significantly different from the current standard (22 days). In addition, as a result of a legal review of the ESWR criteria, it was found that the number of working days should be calculated in accordance with the Labor Standards Act after 2022. ③ Applying government guidelines, the time difference between the wage survey and the ESWR application can be corrected by the past ESWR increase rate for a specific period. ④ Using modeling based on the analysis above, the current ESWR was 13.5-14.5 % lower than the appropriate level. A lower ESWR was driven by the non-reflection of subcontract structure (4.1 %), overestimation of monthly work days (6.8-7.8 %), and application of past wage (2.6 %). The proposed model is expected to be widely used in policy making, as it can provide a useful framework for calculating the standard wage rate in similar industries as well as calculating appropriate engineering fees.

A Feasibility Study on GMC (Geo-Multicell-Composite) of the Leachate Collection System in Landfill (폐기물 매립시설의 배수층 및 보호층으로서의 Geo-Multicell-Composite(GMC)의 적합성에 관한 연구)

  • Jung, Sung-Hoon;Oh, Seungjin;Oh, Minah;Kim, Joonha;Lee, Jai-Young
    • Journal of the Korean Geosynthetics Society
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    • v.12 no.4
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    • pp.67-76
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    • 2013
  • Landfill require special care due to the dangers of nearby surface water and underground water pollution caused by leakage of leachate. The leachate does not leak due to the installation of the geomembrane but sharp wastes or landfill equipment can damage the geomembrane and therefore a means of protecting the geomembrane is required. In Korea, in accordance with the waste control act being modified in 1999, protecting the geosynthetics liner on top of the slope of landfill and installing a drainage layer to fluently drain leachate became mandatory, and technologies are being researched to both protect the geomembrane and quickly drain leachate simultaneously. Therefore, this research has its purpose in studying the drainage functions of leachate and protection functions of the geomembrane in order to examine the application possibilities of Geo-Multicell-Composite (GMC) as a Leachate Collection Removal and Protection System (LCRPs) at the slope on top of the geomembrane of landfill by observing methods of inserting filler with high-quality water permeability at the drainage net. GMC's horizontal permeability coefficient is $8.0{\times}10^{-4}m^2/s$ to legal standards satisfeid. Also crash gravel used as filler respected by vertical permeability is 5.0 cm/s, embroidering puncture strength 140.2 kgf. A result of storm drain using artificial rain in GMC model facility, maxinum flow rate of 1,120 L/hr even spray without surface runoff was about 92~97% penetration. Further study, instead of crash gravel used as a filler, such as using recycled aggregate utilization increases and the resulting construction cost is expected to savings.