• Title/Summary/Keyword: 불완전이행

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A Study on the Contractor's Liability for the Defects in the Public Construction Works (공공건설사업의 하자에 대한 수급인의 책임에 관한 연구)

  • Cho Young-Jun;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.46-53
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    • 2002
  • Although Public Construction Works in Korea have been executed according to Government Contract Act, and nature of contract is very complicated. So it is difficult to define liability for the defects. Therefore the studies on the defective performance and contractor's defects liability were remained one of the non-cultivated virgin land. As a result, contract privy waive the right to claim or generally resolve the problems. Therefore domestic and overseas liability for the defects was investigated and liability for the defects, under and after construction, on the defective performance and defects, was analysed. With a literature research, contractor's defect liability was systematically analyzed, problems were defined and resolution of the problem were suggested item by item in this study.

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A Study on the Contractor's Liability for Defect in Public Construction Project - through comparing Civil Law with Government Contract Law - (공공건설사업 하자에 대한 수급인의 책임에 대한 연구- 민법과 국가계약법령의 비교를 통하여 -)

  • Cho Young-Jun;Hyun Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.2 no.4 s.8
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    • pp.69-79
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    • 2001
  • Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

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Externality Cost of Capital Investment in Limited Commitment (불완전한 금융계약하에서의 자본투자의 외부성에 관한 연구)

  • Chien, Yili;Lee, Junsang
    • KDI Journal of Economic Policy
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    • v.34 no.2
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    • pp.17-40
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    • 2012
  • We study externality costs of capital investment under limited commitment. We solve for the constrained efficient allocation with a limited commitment environment and find positive externality costs of capital investment provided that full-risk-sharing is not feasible. In a decentralized version of limited commitment environment, a one unit increase of capital investment by an agent increases all individuals' autarky values in the economy and generates externality costs in the economy. This externality cost provides a rationale for positive capital taxation even in the absence of government expenditure. In order to internalize this costs, the government use a positive rate of linear capital tax in the decentralized economy.

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퍼지이론을 이용한 이동로보트의 주행에 대한 연구

  • 김현덕;이창훈;박민용
    • 전기의세계
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    • v.40 no.4
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    • pp.50-58
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    • 1991
  • 본 연구에서는 로보트에 현재위치와 목적지가 주어지면 로보트가 가지고 있는 세계지도(world map)로부터 경로를 탐색하여 경로의 주위 환경 정보를 가진 경로지도(route map)을 생성하고 이를 해석하여 주행을 하도록 한다. 그리고, 인간은 매우 복잡한 상황을 간단하게 이행하는 능력을 갖고 있으나, 그 상황을 감지하는데 필요한 정보들은 불확실성과 모호성을 내포하고 있으며, 인간의 주관적 판단에 의한 것과 불완전 계측에 의한 것들을 처리하기 위해 퍼지 이론을 이용한 추론 및 주행 알고리즘을 제안한다.

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Environment R&D Incentives with Emission Banking and Borrowing in a Cournot Model (쿠르노 경쟁하의 배출권 이월 및 차입과 감축기술개발투자)

  • Jeong, Kyonghwa;Shim, Sunghee
    • Journal of Environmental Policy
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    • v.14 no.4
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    • pp.63-101
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    • 2015
  • Banking and borrowing under the ETS may affect the low carbon technology investment level. If the indirect implementation measures are allowed, firms can gradually adjust their carbon reduction costs between implementation periods based on their carbon reduction costs and emission price forecasts. This implies that banking and borrowing may reduce or increase the level of low carbon technology R&D investment. In an oligopoly market, the effects of the measures are quite different from the ones in a perfectly competitive market. This is because the indirect implementation measures can shift market competition in Cournot competition model. The effects of banking and borrowing on the carbon reduction R&D investments depend on emission reduction costs, marginal production costs, discount rate, initial free allocation, and the cost reduction effects of R&D investment.

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Experience of Poverty Exit across Generations (빈곤의 세대간 탈피 경험)

  • Kim, Kyo-seong;Noh, Hye-jin
    • Korean Journal of Social Welfare Studies
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    • v.42 no.1
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    • pp.243-278
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    • 2011
  • The main purpose of this paper is to understand the process of the poverty exit across generations through the live experience based on the grounded theory analysis of the in-depth interview. We find that poverty means a lack of achievement and freedom of agency that is a level of control about resource and situation. So exit of poverty across generations is the state that is not only to achieve functioning but also to recover capabilities. Based on this result, central phenomena of the intergenerational exit process of poverty are support from relation and continuous transition at each stage in life. Even if this central phenomenon is an important event, it has the incomplete attribute. Because support from relation is beyond individual scope of control and participants can't escape second labor market as they don't have enough time in the process of transition. Therefore, this paper suggests that the expansion of state welfare and strategy should support transition as policy priorities to minimize limitation of relation and risk of income loss.

The Role of Postoperative External Irradiation for the Incompletely Resected Meningiomas (불완전절제된 수막종에서 수술 후 방사선치료의 역할)

  • Kim Tae-Hyun;Yang Dae-Sik;Kim Chul-Young;Choi Myung-Sun
    • Radiation Oncology Journal
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    • v.18 no.2
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    • pp.85-91
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    • 2000
  • Purpose : The aim of this study is to look for the possible efficacy of postoperative external irradiation for incompletely resected meningiomas. Methods and Materials : From August 198: to January 1997, forty-four patients with intracranial meningioma were treated by postoperative external irradiation. Of the 44 meningiomas, 18 transitional, 13 meningotheliomatous, 6 hemangiopericytic, 4 atypical, 2 fibroblastic and 1 malignant meningioma were identified. We classified all patients into two groups by the histology. The benign group was consisted of the meningotheliomatous, transitional and fibroblastic types. The malignant group was consisted of the atypical, hemangiopericytic and malignat types. In the means of surgery, 37 patients were resected incompletely and 7 patients were managed by biopsy only. After surgery, all patients were received postoperative external irradiation. Radiotherapy was deliverd using Co-60 or 4 MV photon beam to a total dose of 50 to 65 Gy (mean dose 57.4 Gy) with a 1.8 to 2 Gy per fraction. The median follow-up was 48 months (range : 21 $\~$ 101 months). Multivariate analysis of the Influence by age, sex, location, histology and radiation dose on local control has been done using Cox's proportional hazard model. Results : 5-year local control rate was 93.8$\%$ for the benign histology and 51.8$\%$ for the malignant histology (p=0.0110) and overall local control rate at 5 years was 87.4$\%$. The analysis of the prognostic factors, such as age, sex, location, and radiation dose were not significant except for the histology. Conclusion : Adjuvant postoperative external irradiation appears to be significantly improved local control in the patients with incompletely resected meningiomas.

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The Harmony and Moderation of Between Defect Liability and Default Liability in the Construction Contract (도급계약에서 하자담보책임과 채무불이행책임의 조화와 중용 - 대법원 2020.6.11. 선고 2020다201156판결에 대한 고찰 -)

  • Ahn, Sanghyo;Sin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.2
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    • pp.65-75
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    • 2022
  • On 11 June 2021, the Supreme Court ruled that the judgment of the lower court was justified for the subject case, that the plaintiff could assert the defendant's liability for default due to incomplete performance even though the warranty period for defects which stipulated in the particular condition of the contract has expired. In Korean civil law, the concurrent between the exclusion period for defect warranty and the extinctive prescription for default liability is conceded, since the exclusion period and the extinctive prescription have their respective purposes in law, therefore these two should be judged by harmonizing them based on that they are mutually related. If the subject judgment is generalized, there is no reason to exist for the provisions of defect liability in the construction contract any longer. This study examines the subject judgments through the general theory and precedent case studies on the defect liability and default liability, then derived any problems that may arise if the subject judgment is generalized. In addition, based on a realistic model, it was suggested for a practical improvement method that both the provisions of the warranty period shall be changed realistic and to stipulate the character of its nature as written provisions in the contract.

Production of Solid Fuel and Concurrent Treatment of Livestock waste Using Zero Discharge ACE System (무방류 ACE System을 이용한 유기성폐기물의 동시처리 및 에너지 기술 개발)

  • Lee, Haeng-Seog;Cho, Eun-Min;Tak, Jong-Ho;Lee, Jae-Hyeon;Lee, Jae-Won;Kim, Jeong-Eon;Choe, Seong-Gil
    • Journal of the Korea Organic Resources Recycling Association
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    • v.20 no.2
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    • pp.20-23
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    • 2012
  • 본 연구는 유기성폐기물을 처리하고 그것을 이용하여 고체연료 또는 퇴비를 생산하는 종합시스템에 관한 것이다. 유기성폐기물은 90% 전후의 높은 함수율을 나타내고 있기 때문에 처리에 중점을 두어야 할 부분이 수분 처리 방법이다. 따라서 기존의 처리방법으로는 고액분리하여 처리 후 하천에 방류하는 시스템에 의해 처리되고 있다. 하지만 본 연구에서는 기술개발의 차별화 및 선행기술의 회피 전략을 위해, 유기성폐기물의 수분을 건조시키는 방법으로 미생물이 유기성폐기물의 유기물을 분해하여 발생 되는 $80^{\circ}C$ 이상의 열에너지에 의해 수분을 제거하는 발열반응을 적용하여 수분을 제거하는 무방류시스 템이다. 뿐만 아니라 고체연료의 발열량을 높이기 위해서 무연탄, 코크스, 기름 등의 열량보조제를 첨 가하는 대신에 유기성폐기물을 첨가 한 후 적당한 발열반응 및 건조시켜 고체연료를 제조하는 방법으 로 4,000kcal/kg 이상의 높은 발열량을 얻을 수 있으며 불완전연소 등에 의한 2차 오염을 방지할 수 있는 기술이다. 따라서 친환경 미생물 발열반응에 의해 유기성폐기물을 저렴한 비용으로 액상 및 고상 을 동시에 처리 할 수 있으며, 고체연료를 제조할 수 있는 새로운 신기술이다.

A case study of blockchain-based public performance video platform establishment: Focusing on Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do (블록체인 기반 공연영상 공공 플랫폼 구축 사례 연구: 경기도 뉴미디어 예술방송국 경기아트온을 중심으로)

  • Lee, Seung Hyun
    • Journal of Service Research and Studies
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    • v.13 no.1
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    • pp.108-126
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    • 2023
  • This study explored the sustainability of a blockchain-based cultural art performance video platform through the construction of Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do. In addition, the technical limitations of video content transaction using block chain, legal and institutional issues, and the protection of personal information and intellectual property rights were reviewed. As for the research method, participatory observation methods such as in-depth interviews with developers and operators and participation in meetings were conducted. The researcher participated in and observed the entire development process, including designing and developing blockchain nodes, smart contracts, APIs, UI/UX, and testing interworking between blockchain and content distribution services. Research Question 1: The results of the study on 'Which technology model is suitable for a blockchain-based performance video content distribution public platform?' are as follows. 1) The blockchain type suitable for the public platform for distribution of art performance video contents based on the blockchain is the private type that can be intervened only when the blockchain manager directly invites it. 2) In public platforms such as Gyeonggi ArtOn, among the copyright management model, which is an art based on NFT issuance, and the BC token and cloud-based content distribution model, the model that provides content to external demand organizations through API and uses K-token for fee settlement is suitable. 3) For public platform initial services such as Gyeonggi ArtOn, a closed blockchain that provides services only to users who have been granted the right to use content is suitable. Research question 2: What legal and institutional problems should be reviewed when operating a blockchain-based performance video distribution public platform? The results of the study are as follows. 1) Blockchain-based smart contracts have a party eligibility problem due to the nature of blockchain technology in which the identities of transaction parties may not be revealed. 2) When a security incident occurs in the block chain, it is difficult to recover the loss because it is unclear how to compensate or remedy the user's loss. 3) The concept of default cannot be applied to smart contracts, and even if the obligations under the smart contract have already been fulfilled, the possibility of incomplete performance must be reviewed.