• Title/Summary/Keyword: penalties

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Analysis of Penalties Imposed on Organisations for Breaching Safety and Health Regulations in the United Kingdom

  • Arewa, Andrew Oyen;Theophilus, Stephen;Ifelebuegu, Augustine;Farrell, Peter
    • Safety and Health at Work
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    • v.9 no.4
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    • pp.388-397
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    • 2018
  • Background: The study analyzes penalties imposed on organizations for breaching safety and health regulations. The research questions are as follows: what are the commonly breached safety and health regulations? How proportional are penalties imposed on organizations for breaching health and safety regulations in the United Kingdom? Methods: The study employed sequential explanatory mixed research strategies for better understanding of health and safety penalties imposed on organizations. Actual health and safety convictions and penalties data for 10 years (2006 to 2016) were obtained through the United Kingdom Health and Safety Executive (HSE) public register for convictions. Overall, 2,217 health and safety cases were analyzed amounting to total fines of £37,179,916, in addition to other wide-ranging penalties. For thorough understanding, eight interviews were conducted with industry practitioners, lawyers, and HSE officials as part of the study qualitative data. Results: Findings show that the Health and Safety at Work (HSW) Act accounted for 46% of all HSE prosecution cases in the last decade. This is nearly half of the total safety and health at work prosecutions. Moreover, there is widespread desire for organizations to comply with the HSW Act, but route fines are seen as burdensome and inimical to business growth. Conclusion: A key deduction from the study reveal significant disproportionality concerning penalties imposed on organizations for breaching safety and health regulations. On aggregate, small companies tend to pay more for health and safety offenses in a ratio of 1:2 compared to large companies. The study also reveals that the HSW Act accounted for nearly half of the total safety and health at work prosecutions in the last decade.

The Effectiveness of the Sanctions for Corporate Crime: Audit Review Evidence

  • Lee, Jeong-Mi
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.189-196
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    • 2016
  • In this paper, I propose monetary penalties imposed on firms sanctioned by the Financial Supervisory Service for fraudulent financial reporting in accounting and auditing enforcement release(FSS-sanctioned fraud firms) should be disclosed to the notes of financial statement of the firms. Disclosing to the notes of financial statement for FSS-sanctioned fraud firms is an effective way to inform all the related parties of the information which affects the value of the corporation. Even though monetary penalties can affect the value of the firms, however, this study suggests that monetary penalties imposed on the fraud firms have a question on the effectiveness of the sanctions. In addition, this study finds that the magnitude of the market reactions between the fraud firms imposed by monetary penalties and the fraud firms imposed by non-monetary penalties has no difference. Based on these results, the information of FSS-sanctioned fraud firms should be disclosed to the notes of financial statements to have the market react effectively.

Turn Penalty Algorithm for the Shortest Path Model with Fixed Charges

  • Choi, Seok-Cheol
    • Journal of the military operations research society of Korea
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    • v.25 no.2
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    • pp.73-83
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    • 1999
  • In this paper, we consider the shortest path network problem with fixed charges. A turn penalty algorithm for the shortest path problem with fixed charges or turn penalties is presented, which is using the next node comparison method. The algorithm described here is designed to determine the shortest route in the shortest path network problem including turn penalties. Additionally, the way to simplify the computation for the shortest path problem with turn penalties was pursued.

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Robust Multi-Objective Job Shop Scheduling Under Uncertainty

  • Al-Ashhab, Mohamed S.;Alzahrani, Jaber S.
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.45-54
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    • 2022
  • In this study, a multi-objective robust job-shop scheduling (JSS) model was developed. The model considered multi-jobs and multi-machines. The model also considered uncertain processing times for all tasks. Each job was assigned a specific due date and a tardiness penalty to be paid if the job was not delivered on time. If any job was completed early, holding expenses would be assigned. In addition, the model added idling penalties to accommodate the idling of machines while waiting for jobs. The problem assigned was to determine the optimal start times for each task that would minimize the expected penalties. A numerical problem was solved to minimize both the makespan and the total penalties, and a comparison was made between the results. Analysis of the results produced a prescription for optimizing penalties that is important to be accounted for in conjunction with uncertainties in the job-shop scheduling problem (JSSP).

A Comparative Review on Civil Money Penalties in Aviation Law (항공 과징금 제도의 비교법적 검토)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.3-38
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    • 2019
  • In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

An efficient algorithm for the non-convex penalized multinomial logistic regression

  • Kwon, Sunghoon;Kim, Dongshin;Lee, Sangin
    • Communications for Statistical Applications and Methods
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    • v.27 no.1
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    • pp.129-140
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    • 2020
  • In this paper, we introduce an efficient algorithm for the non-convex penalized multinomial logistic regression that can be uniformly applied to a class of non-convex penalties. The class includes most non-convex penalties such as the smoothly clipped absolute deviation, minimax concave and bridge penalties. The algorithm is developed based on the concave-convex procedure and modified local quadratic approximation algorithm. However, usual quadratic approximation may slow down computational speed since the dimension of the Hessian matrix depends on the number of categories of the output variable. For this issue, we use a uniform bound of the Hessian matrix in the quadratic approximation. The algorithm is available from the R package ncpen developed by the authors. Numerical studies via simulations and real data sets are provided for illustration.

A Fast Algorithm for Shortest Path Problem for Network with Turn Penalities and Prohibitions (교차로 제약과 지연이 있는 네트워크에서 최단경로탐색)

  • 박찬규;박순달;진희채
    • Journal of the Korean Operations Research and Management Science Society
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    • v.23 no.3
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    • pp.17-26
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    • 1998
  • Shortest path problem in road network with turn penalties and prohibitions frequently arises from various transportation optimization models. In this paper, we propose a new algorithm for the shortest Path problem with turn prohibitions and delays. The proposed algorithm maintains distance labels of arcs, which is similar to labels of nodes of Dijkstra's algorithm. Fibonacci heap implementation of the proposed algorithm solves the problem in O(mn + mlogm). We provide a new insight in transforming network with turn penalties and prohibitions into another network in which turn penalties and prohibitions are implicitly considered. The proposed algorithm is implemented using new data structure and compared with Ziliaskopoulos' algorithm. Computational results show that the proposed algorithm is very efficient.

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Criminal Justice Policy against Terrorism in China

  • Xuan, Song-He
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.213-218
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    • 2016
  • China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

Sparse vector heterogeneous autoregressive model with nonconvex penalties

  • Shin, Andrew Jaeho;Park, Minsu;Baek, Changryong
    • Communications for Statistical Applications and Methods
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    • v.29 no.1
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    • pp.53-64
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    • 2022
  • High dimensional time series is gaining considerable attention in recent years. The sparse vector heterogeneous autoregressive (VHAR) model proposed by Baek and Park (2020) uses adaptive lasso and debiasing procedure in estimation, and showed superb forecasting performance in realized volatilities. This paper extends the sparse VHAR model by considering non-convex penalties such as SCAD and MCP for possible bias reduction from their penalty design. Finite sample performances of three estimation methods are compared through Monte Carlo simulation. Our study shows first that taking into cross-sectional correlations reduces bias. Second, nonconvex penalties performs better when the sample size is small. On the other hand, the adaptive lasso with debiasing performs well as sample size increases. Also, empirical analysis based on 20 multinational realized volatilities is provided.

Impact of Solar Irradiance on the Receiver Sensitivity of Free-Space Optical Communication Systems (주광이 무선 광통신 시스템의 수신 감도에 미치는 영향)

  • Park, Gihong;Kim, Hoon
    • Korean Journal of Optics and Photonics
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    • v.31 no.6
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    • pp.259-267
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    • 2020
  • We evaluate the degradation of receiver sensitivity induced by direct and indirect exposure to solar irradiance in free-space optical communication systems. For this purpose, we calculate the variances of numerous noise components arising from solar irradiance, and then estimate the receiver sensitivity penalties for intensity-modulation/direct-detection and coherent systems. The results show that the penalties are less than 1.3 dB when indirect sunlight impinges on the detector, regardless of the system. However, the sensitivity penalties are estimated to be larger than 30 dB when the sunlight is directly incident upon the receiver. These penalties are barely reduced if we insert an optical polarizer, or if we adjust the bandwidth of an optical filter at the receiver to be as narrow as the signal's bandwidth.