• Title/Summary/Keyword: 보충의 원칙

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Shared Governance for the Arts and Culture - US Public Arts Agencies and Cultural Foundations (문화예술활동 지원을 위한 지역과 중앙의 공유 거버넌스 - 미국의 지역예술위원회와 문화재단의 활동을 중심으로)

  • Chang, WoongJo;Lee, Dahyun
    • Review of Culture and Economy
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    • v.21 no.1
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    • pp.63-83
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    • 2018
  • In the US, there are no governing bodies within the federal executive departments dedicated to the arts and cultural affairs. Direct government subsidies for the arts are relatively small compared to other countries with a comparable economy and standard of living. Nevertheless, the US produces artworks, artists, and arts groups, leading the world's arts and culture. Incorporating the concepts of network governance and shared governance, this paper examines the dynamic roles and interrelationships among various for-profit/nonprofit arts organizations, foundations, councils, service organizations, arts advocacy groups, and professional/amateur associations from the federal to local levels that compose the ecology of American arts and culture. Through our evaluation, we conclude that the local/state/federal arts agencies and arts organizations at various levels influence each other via the principle of subsidiarity and isomorphism, creating a unique cultural policy and arts-supporting system that correspond to the political and social structure and environment of the United States.

A Study on Estimating of Additional Gas for the Unencloseable Openings of The Gaseous Extinguishing Systems (가스계 소화설비의 개구부 보충량 추정에 대한 연구)

  • Jeong, Keesin
    • Fire Science and Engineering
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    • v.26 no.6
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    • pp.1-6
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    • 2012
  • There are specific indications about additional gas for the unencloseable openings of the carbon dioxide extinguishing systems. But there are no indications for other gas extinguishing systems including clean agent extinguishing systems only have the principle when it need, apply it. Therefore, this study suggested applying the equation of additional gas for the unencloseable openings of the carbon dioxide to all of the other fire suppression gas that we are use.

Changes in Child Care Compensation Criteria by the German Constitutional Court (독일 연방헌법재판소에 의한 자녀 양육비 보상 기준의 변화)

  • Lee, Shinyong
    • 한국사회정책
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    • v.25 no.2
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    • pp.165-189
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    • 2018
  • Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

The Development and Application of Lex Mercatoria in the international commercial transaction : Focus on CISG and PICC Principles (국제물품매매계약에 있어서 상관습법(Lex mercatoria)의 발전과 전개, 그리고 향후 과제 - CISG와 PICC 원칙을 중심으로 -)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • Korea Trade Review
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    • v.41 no.5
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    • pp.15-39
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    • 2016
  • Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

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A Study on the Residential Institution for the Disabled in Korea based on Welfare Rights - between Self-Reliance and Caring - (복지권 관점에서 본 한국 장애인 거주시설의 개선방안 -자립과 돌봄 사이-)

  • Yu, Dong Chul;Kim, Kyung Mee;Kim, Dong Ki;Shin, Yu Ri
    • Korean Journal of Social Welfare Studies
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    • v.44 no.2
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    • pp.409-436
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    • 2013
  • The purpose of this study is to examine the residential institutions for the disabled in Korea on the base of welfare rights, and to propose some actual ways for improvement. For this, we analyzed the attributes of the residential institutions for the disabled in Korea. The results shows that the residential institutions for the disabled in Korea are characterized by massiveness, isolation, inequality in power, and no choice. For improvement we suggested that the residential institutions for the disabled should be run by the principles of supplement, normalization, inter-reliance, and individualization. In order to achieve these goals, the government has to invest the needs for de-institutionalization of the users, run the institutions on the smaller scale and replace them in communities, and systemize the person-centered support and service provision processes. In addition to them, the managers of the institutions should try to socialize the institutions, and to increase the participation of the users in management.

A Study on the Principles of Good Faith under International Transaction -Focused on the CISG- (국제거래상 신의성실의 원칙에 관한 연구 - CISG를 중심으로 -)

  • Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.61-104
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    • 2010
  • The purpose of this work aims to analyse the principles of good faith under international transaction with CLOUT and UNILEX cases. Article 7(1) CISG sets the stage for the interpretation by promoting a uniform approach using good faith and the international charter of the convention. In other words, article 7(1) defines the purpose and the principle of interpretation and is applied to the Convention as a whole. As such, it also includes article 7(2), which goes beyond the big picture and settles the problems of gap filling. It is also important to understanding that the mandate of the CISG is to look for a solution, which is not only restricted to interpretation but extends to solving a problem. The problem in this work is to find out how gap filling is achieved and, because of the autonomous mandate of interpretation, to explain and understand its relationship with domestic law. The solution to the interpretation of article 7(2) must be found within the four corners of the CISG. To restate, article 7(2) describes two situations where gap filling is needed. First, if the matter is governed by the Convention but not expressly settled, then a gap must be filled in conformity with general principles on which it is based. Second, if the matter is not covered then the gap must be filled taking domestic law into consideration. There are two reasons why a matter may not be covered by the Convention. First and most obviously, it has been specifically exclude from the sphere of Application by the CISG itself, such as validity in article 4. Second, changes in business methods will lead to gaps. The United Nations has established a service known as CLOUT. This contains abstracts of hundreds of selected decisions of both courts and arbitration tribunals. And UNILEX is cosponsored by the Italian Centre for Comparative and Foreign Law Studies and UNIDROIT Contract Principles. The cases are in abstract format, but, when available, the full text of the case in the original language is also supplied.

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계사내 급수 및 급이 위생관리

  • 안광덕
    • KOREAN POULTRY JOURNAL
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    • v.36 no.8 s.418
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    • pp.75-77
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    • 2004
  • 축산(양계) 기자재는 축산의 꽃이라 할수 있지만 자동화, 규모화가 이미 진행된 상태에서 사양관리에 익숙해져 버린 대다수의 사양가 분들은 그 중요성을 인식하지 못하는 것 같다. 즉, 산업이 발전함과 더불어 우리 축산업도 비약적으로 발달한데에는 축산기자개가 한몫을 했다고 해도 과언은 아닐 것이다. 특히 사계절이 뚜렷한 우리나라에서는 기자재 생산에 있어서도 생산하시는 분들은 하나하나 세밀히 살피고 따져서 과학적인 생산에 임하는 자세로 대처해 나가야 하겠다. 농장(양계장)에서는 여름철의 생산성이 년간 경영에 막대한 영향을 미치고 있은 것이 사실이다. 우리나라의 여름철 기후는 열대성 고기압의 영향을 받아 우기(장마)를 동반한 고온다습한 환경으로 기자재를 생산하는 데에도 반영을 시켜 생산이 이루어져야하겠으며, 급이기 생산에서도 마찬가지라 생각한다. 그러므로 생산성을 향상시키기 위한 방법들은 다방면에서 모색되겠지만 하절기 농가들의 사료 품질관리에 있어서 벌크통, 사료라인, 급이기의 사용방법의 원칙 지키기가 지켜지지가 않아 더위로 인한 생활환경에서의 스트레스와 그로인한 사료의 급여는 동물들의 영양보충에 어려움이 많다

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Free Speech and the Void for Vagueness Doctrine: A Comparative Analysis of Free Speech Cases in the Korea Consitutional Court and the United States Supreme Court (표현의 자유와 "명확성 원칙": 한국 헌법재판소와 미국 연방대법원의 판례 비교연구)

  • Chang, Ho-Soon
    • Korean journal of communication and information
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    • v.55
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    • pp.5-32
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    • 2011
  • This paper is a comparative analysis of constitutional decisions in which the Korea Consitutional Court and the United States Supreme Court applied the void for vagueness doctrine into free expression issues. Common aspects are: both courts applied the void for vagueness doctrine on the grounds that vague laws bring chilling effect on freedom of expression. Acknowledging inevitable uncertainties in lawmaking and legal jargons, however, both courts required minimum standards in the void for vagueness doctrine. In the cases where unclear legal meanings resulted in constitutional challenges, both courts adopted the "narrowing construction" by the courts or judges based on average/ordinary person's understanding. The biggest differences between the two constitutional courts are their approach to the degrees of vagueness allowed in free expression cases. The U.S. Supreme Court underscored the necessity of narrowly drawn, reasonable and definite standards. Meanwhile, the Korea Constitutional Court relaxed its standards in some cases such as the National Security Law cases, even though it admitted the possibility of curtailing the right to free expression. The Court reasoned that those laws, though vague, brought with bigger social interests and are necessary tools in dealing with changing world.

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Open Source Based Knitting Machine Pattern Program Interface Usability Study (오픈 소스 기반의 니팅기 패턴 프로그램 인터페이스 사용성 연구)

  • Park, Ji-Hoon;Nam, Won-Suk;Jang, Jung-Sik
    • Journal of the Korea Convergence Society
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    • v.11 no.4
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    • pp.109-118
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    • 2020
  • In recent years, the needs of consumers for personality and personalized clothing are increasing. Knitting machines, which produce clothing by the user at low cost, are a good way to meet consumer demand. However, the user is having difficulty in using the knitting machine pattern program, which is a software program, independently of the operation of the knitting machine. Therefore, this study conducted a literature review prior to the empirical research and evaluated the usability by selecting three kinds of frequently used knitting machine pattern programs as research subjects. Based on the nine usability evaluation principles derived from expert group discussions, the study found that the needs of users for nine evaluation principles: visibility, conciseness, operability, consistency, accuracy, flexibility, intuition, error recognition, and supplementary explanation (The purpose of this study is to identify the direction and alternatives of usability improvement for the interface of the knitting machine pattern program.

A Comparative Study on Improvements of Non - listed Stock Valuation System of Advanced Countries (비상장주식가치평가의 국가별 비교연구)

  • Choi, Dong-choon
    • Journal of Venture Innovation
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    • v.2 no.2
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    • pp.127-140
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    • 2019
  • A stock valuation on the tax law is based on the valuation by market price. But, unlike the listed stocks, the unlisted stocks mostly have the unclear market price. Accordingly, it is necessary to calculate the fair value which corresponds to the market price. The purpose of this paper is to examine the appropriateness of the complementary valuation method in the Inheritance Tax and Gift Tax Act and to provide suggestions for improvement. This study is intended to provide the problems and solutions relating to the valuation of unlisted stocks through analysis of foreign legal systems and actual disputes. When the actual profit/loss data are used to calculate the net profit/loss value on the present regulations, it has the different weight on the latest 3 years' net profits and losses uniformly. Therefore, to extend the range of unlisted stocks valuation and to show the independent and high professionalism of appraisal council not the subsidy appraisal agency of the National Tax Service, it is necessary to change the current rule that the commissioner of the National Tax Service unilaterally appoints the private members into the method of public offering.