• Journal of the Korean Institute of Landscape Architecture
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• v.50 no.1
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• pp.78-90
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• 2022

This research analyzed the status and problems of civilian expert programs for landscape architects to suggest alternatives to improve the current system. Literature research focused on the issues of the legal definition of civilian experts, the background of the program, and related regulations. Based on the understanding of the legal system, the research analyzed the operation status, structure, roles of the civilian expert program of local governments where landscape architects were delegated as civilian experts. Currently, 50 local governments are running the civilian expert program, and landscape architects are working as civilian experts in 11 institutions. The majority of landscape architects are working as MA or general architects. Only SMG runs an independent general landscape architect program. Based on the literature research and interviews with 16 experts, the research examined four main issues related to the program. First, the legal system issues of the civilian expert programs are related to the regulations assuming architects as experts. Revising the current legal system is a better alternative than promulgating a new law for landscape architects. Second, the compensation issue was a main problem related to operation. Securing a sufficient budget and more effective administration is required to solve the problem. Third, related to the role, the tasks being limited to consultation were regarded as the main problem. Although landscape architects wanted more opportunities to directly participate in the project's design, the fairness of the public project contracting system needed to be considered. Fourth, the competence issue is related to the number of available landscape architects. This issue can be solved by expanding the pool of civilian experts to adjacent disciplines, such as public design or landscape management.

• World Technopolis Review
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• v.5 no.2
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• pp.108-118
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• 2016

There are very few studies on governance structure for the collaboration between HEIs and science and technology parks until today. Major activities between science parks and HEIs are R&D activities, collaborative researches, technology transfer, space provision for BIs and Technology BIs in the science parks, provision of technical, legal and financial services for start-ups and venture firms. Governance structure for the collaboration of high education institutes with science and technology parks is the handling of complexity and management of dynamic flows of collaboration between two groups. Three models on the governance structure for the collaboration are suggested in this study. The first model is a governance structure that links R&D system such as universities, public research institutes and private research institutes with industrial production cluster such as a group of companies and industrial parks. The second model is a governance structure that has four layers of hierarchy. This hierarchical governance model is composed of four levels of organizations such as central government, three actors, one center for collaboration and many individual research performers. The third model is a governance structure that networks all the stakeholders horizontally. Under this structure, governance is conducted by the network members with no separate and unique governance entity.

• KIEAE Journal
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• v.16 no.1
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• pp.37-45
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• 2016

Purpose: According to the characteristic of hanok public building, Planning criterion of structure, technology, efficiency, design is needed which can includes various type of new-hanok type public buildings. In this paper, we collect expert opinions to be used as a basis for developing models of New-hanok type Public Buildings. Method: This study was conducted in Research Study and expert surveys. The Part of reviewing Study looked at conception of new-hanok type public buildings model development and overview planning criterion set briefly. Expert surveys were targeted to professors and architects who are related in new-hanok type public buildings model development research. Result: In this study, we suggest improvement direction about planning criterion of new-hanok type public buildings model development based on opinions collected by expert surveys. In conclusion, first, In concept and legal status, it is necessary to adjust clearly than the term and legal status of new-hanok type. Second, various applicability is needed by using new materials and new construction method at the part of planning elements. Third, 'composed structure-convergence type' and 'composed structure-juxtaposed type' should be clearly classified or combined at the part of Setting of type. Forth, improvement on heat insulation, soundproof, waterproof efficiency is demanded to roof, wall, window systems. Fifth, arranging revitalization plan is important.

• Journal of Forest and Environmental Science
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• v.30 no.1
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• pp.133-144
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• 2014

This study was carried out to review the pattern of forest stand development for six Gangwondo Baekdudaegan Mountains which experienced different type and duration of intensive legal protection. Vegetation data from point sampling method were employed to classify community types by cluster analysis on the basis of the importance values of canopy tree species for the study areas. The names of classified communities were given by the composition of dominant tree species. The communities were also compared one another in terms of stand structure by species diversity index. The results indicated that National Parks (Seoraksan and Odaesan) had greater proportion of mixed mesophytic forest type which was supposed to progress further forest succession process so as to have more complex and diversified stand structure. On the other hand, ordinary forest areas (Seokbyeongsan and Deokhangsan) had greater proportion of the forest types which was dominatively composed of Quercus mongolica and Pinus densiflora. The forest types with large amount of these two species would tend to develop for relatively short period of time of 40-50 years after artificial disturbances. Hyangnobong of Natural Protection Area and Hambaeksan of Natural Ecosystem Conservation Area showed intermediate stand development pattern in between National Parks and ordinary forest areas. The period of intensive legal protection of the forest area was positively correlated with species diversity index (R=0.736), and noted that the forest which received intensive protection regulation for longer period tended to show more complex and diversified stand structure.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.10
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• pp.183-192
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• 2020

The purpose of this paper is to investigate the determinants of the Operational Self-Sustainability (OSS) of Vietnamese microfinance institutions (MFIs). This research uses both qualitative and quantitative research methods: (i) qualitative research was via in-depth interviews with ten microfinance practitioners, policymakers and researchers; (ii) quantitative research was conducted by using panel data of 34 MFIs in the period 2011-2015 with binary logistics and OLS regressions. Results are as follows: (i) MFIs' OSS in Vietnam are mainly determined by five key factors: portfolio at risk (PAR>30), capital structure, gross loan portfolio, scope of activities and legal form; (ii) OSS are most affected by legal status (social organizations have better OSS than formal MFIs or programs/projects), location (MFIs focus in one province have higher OSS than working nationwide or just in one district), capital structure (MFIs with more equity proportion have higher OSS); (iii) surprisingly, average loan size per borrower and age of MFIs do not have statistically significant correlation with OSS. The key recommendations are: (i) MFIs should focus on its professionality and increase its equity; (ii) related stakeholders such as State Bank of Vietnam should promote the enabling ecosystem for microfinance development to enhance poverty reduction and economic development.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.157-179
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• 2004

Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

• The Journal of Asian Finance, Economics and Business
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• v.6 no.3
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• pp.67-79
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• 2019

This study examines the impact of corporate governance on capital structure decisions based on a large panel of Chinese listed firms. Using the system Generalized Method of Moments (GMM) estimator to control for unobserved heterogeneity, endogeneity, and persistency in capital structure decisions, we document that the ownership structure plays a significant role in determining leverage ratios. More specially, we find that managerial ownership has a positive and significant impact on firms' leverage, consistent with the incentive alignment hypothesis. We also find that managerial ownership only affects the leverage decisions of private firms in the post-2005 split share reform period. State ownership negatively influence leverage decisions implying that SOEs may face fewer restrictions in equity issuance and may receive favourable treatments when applying for seasoned equity ¿nancing, thus use less debt. Furthermore, our results show that while foreign ownership negatively influences leverage decisions, legal person shareholding positively influences firms' leverage decisions only for state controlled firms. We also find that the board structure variables (board size and the proportion of independent directors) do not influence firms' capital structure decisions. Our findings suggest that recent ownership reforms have been successful in terms of providing incentive to managers through managerial shareholdings to take risky financial choices.

• Korean Security Journal
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• no.11
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• pp.129-157
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• 2006

With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.47-66
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• 2020

Due to the division of China's departmental laws, the disconnect between theory and practice, and the influence of traditional academic thinking on the understanding of the knowledge structure of arbitration legal talents in practice, the construction of law school colleges, teaching teams, and research centers mostly revolves around departmental laws, tearing the connection of the arbitration legal system. The student-centered, process-guaranteed, and result-oriented arbitration master of law training model is "virtualized," the shaping of arbitration professionalism is ignored, the coverage of practical teaching is narrowed, and the arbitration legal profession is mostly formalized. The prevalence of specialized curriculum systems shortage, single faculty, formalized practical teaching, outdated curriculum settings, unsuitable curriculum system design for development, and inaccurate professional curriculum standards and positioning renders it difficult to integrate the "Belt and Road." The cutting-edge, the latest research results, and practical experience cannot reflect the connotation, goals, and requirements of "Entrepreneurship" education, as well as arbitral issues such as the ineffective monitoring of practical education and the inconsistent evaluation of standards and scales. Under the background of the "Belt and Road," based on system theory and practice and through training goals that innovate and initiate organizational form, activity content, management characteristics, assessment and support conditions, etc., the arbitration law teaching curriculum system is gradually improved and integrated. Through the establishment of a "Belt and Road" arbitration case file database and other measures, a complete arbitration law theory and practice teaching guarantee system has been established. Third parties are introduced, arbitration law experimental modules are developed, students are guided how to discover new knowledge, new contents are mastered, solidarity, cooperation, and problem-solving capabilities are cultivated in the practice of the "Belt and Road," and quality education, vocational education, and innovation education are organically integrated. In order to implement the requirements of arbitration law education, innovation development and collaborative management of arbitration law teaching practice base should be cultivated, thus giving full play to the effect of collaborative education between universities and arbitration institutions.