• Title/Summary/Keyword: Civil responsibility

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The Responsibility of An Infrastructure Manager Toward A Railway Competitive Market (복수운영체제에서 철도시설관리자의 철도시설물 유지보수 조직과 업무 설정)

  • Yun, Gyeong Cheol
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.1
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    • pp.121-128
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    • 2016
  • The restructuring of Korean railway industry, separation of between train operators and an infrastructure manager, had been conducted in 2004 to increase the productivities of railway operations. However, the maintenance-staffs are still employed by Korail (train operator), not by the infrastructure manager, which led the maintenance of railway infrastructure to be conducted by the train operator. The infrastructure manager is now only taking care of financial transferring issues once the train operator requests expenses spent for facility maintenance. Such incomplete restructure may result in a lack of safety performance on railway operations as the roles and responsibilities are less likely to be assigned under the multiple train operators. Thus, this study proposes the way of structuring maintenance divisions and their roles and responsibilities to assure the safe work execution under the circumstance of multiple train operators on the same rail network.

A Study of Improving Project Management and Supervision Cost Estimation of Intelligent Transport Systems (ITS 사업관리 및 감리 대가기준 개선방안에 대한 연구)

  • Byun, Sang-Cheal;Lim, Sung-Han;Heo, Tae-Young
    • Journal of Korea Society of Industrial Information Systems
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    • v.16 no.5
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    • pp.197-205
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    • 2011
  • Since Intelligent Transport Systems(ITS) is a complex project combining technology and system of transportation, information and communication and civil engineer, it needs a specialized management activities. However, it is difficult to judge who has responsibility for a shoddy and fault construction since the role between project management and supervision is very ambiguous. The aim of this study is propose an efficient project management and supervision for ITS reflecting the characteristics of ITS. Therefore, we suggest a statistical models using nonlinear regression model to prepare the project management and supervision compensation criteria, hence, we choose the realistic and validation statistical model.

A Study on Performance Analyses of Korea's Bidding and Contract Systems for Public Construction Projects

  • Beak, Seung-Ho;Kang, Tai-Kyung;Park, Wonyoung;Lee, Yoo-Sub
    • Journal of Construction Engineering and Project Management
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    • v.5 no.3
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    • pp.18-28
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    • 2015
  • Bidding and contract systems are used for public construction projects to select contractors following fair competition principles and to execute national budgets effectively. Many challenges have arisen due to a lack of transparency and fairness and because bidding practices have been luck-based. Few comprehensive or comparative analyses have been conducted on the performance and limitations of bidding and contract systems, and empirical analyses designed to improve policies on and the practice of such systems are lacking. This study empirically analyzed current bidding and contract systems to seek ways of improving them. The study proposes several alternatives to resolve the problems with and irrationalities of the current system: 1) improving bidding and selection systems by changing them from a luck-based price competition into a technical merit- and value-based competition; 2) improving the assessment criteria to meet the current market level of bid and winning prices; 3) adjusting contractual responsibilities and sharing structures to meet the current trend; and 4) strengthening the competitiveness and expanding the social responsibility-based procurement systems of construction companies.

Study on Supervision System of Chinese Specialized Farmers Cooperatives: Experience of the Korean NongHyup

  • Guilian, Cui;Yang, Tian
    • Journal of Distribution Science
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    • v.13 no.4
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    • pp.21-28
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    • 2015
  • Purpose - The Chinese government's policies and funds enable specialized farmers cooperatives to develop vigorously. However, the non-systematic supervision system affects the interests of farmer-members of these cooperatives, which are similar to the Korean NongHyup in many aspects but differ in their supervision systems such as distribution. Therefore, this paper aims to identify the problems of specialized farmers cooperatives, and obtain some insights from NongHyup. Research design, data, and methodology - Data were collected from farmers, the government, and cooperatives in northern China's Shandong Province (the cities of Jinan, Qingdao, Weifang, Linyi, and Heze) through a literature survey, case analysis, and comparative analysis in each city. Results - 1) Specialized farmers cooperatives should establish a transparent regulatory mechanism and be subject to dual supervision from both the Chinese government and farmers. 2) The Chinese government and civil society should offer more support to the cooperatives, and strive to change farmers' backward attitude through education and training. Conclusions - Small cooperatives could merge into large ones and undertake social responsibility through the establishment of labor unions.

Civil Law Issues of Augmented Reality Game Company's Responsibility for Game Users and Game Servicing Area Parties (증강현실 게임 회사 측의 게임 이용자와 게임 서비스 지역 사회에 대한 민사 책임 연구)

  • Kim, Yunsoo
    • Journal of Korea Game Society
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    • v.18 no.1
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    • pp.63-72
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    • 2018
  • Legal issues whether augmented reality(AR) game service companies are responsible for damages that their game users cause to the community and residents are occurring these days. These kind of damages affect not only game users but also third parties who do not play the AR game. This paper explores the recent cases and analyze the type of legal issues such as trespass, nuisance and unjust enrichment. To determine the necessity of regulating the AR game company, constitutional balancing test, causation, specificity and persistence of the damage and other various standards should be applied.

The Study on Evaluation Basis of Management Strategy in Public Buildings (공공건축물의 합리적인 운영평가기준 설정 방향에 관한 연구)

  • Lee, Sang-Beom;Noh, Byung-Ok
    • Journal of the Korea Institute of Building Construction
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    • v.9 no.2
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    • pp.69-76
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    • 2009
  • Recently, the twenty-first century is called "the age of localization and regionalization" in Korea. So, local government should need to keep balance between the existing administrative management and new management strategies based on CEO's mind in order to deal with the situation of such that(the age of localization and regionalization) and improve efficiency of public service. In addition, they build public buildings after that they should operate and maintain them regularly. However, Korea local governments have tried to run many projects to expand insufficient local finance that was only for profit oriented public projects without considering management. Therefore, this paper is a basic study to establish and suggest the reasonable operation plan for local government by examining and reviewing actual operation condition in the public buildings. With the evaluation method which is demanded from public construction management to introduce a civil management technique manages an investment mind standard and management basis of assessment, proposes 8 sides of financial affairs, real estate maintenance and facility management, achievement evaluation, environmental safe crisis management, judiciary and explanation responsibility with base.

Analysis of the Library Administrative Systems and Legislations in Canada (캐나다의 도서관 행정 및 법제 분석)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.38 no.2
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    • pp.75-94
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    • 2004
  • The purpose of this paper is to analyze the administrative system and legislation of Canada's libraries with priority given to public library. Canada is a constitutional monarchy, a federal state and parliamentary democracy with 10 provinces and 3 territories and two systems of law(civil law and common law). There are about 1,045 public libraries in total and its governance and legislation is a provincial responsibility. For that reason. federal government did not legislate on public libraries and library act is the provincial public library statute authorizing the establishment and operation of public libraries and their management by boards. In Canada. each provincial library act provides for four types of public libraries : municipal libraries, regional libraries, districts libraries, and integrated public library systems.

Responsibility for Dissemination of Inaccurate Information on the Internet

  • Romanova, Vera;Nikitin, Yurii;Vozniuk, Natalia;Sverdlyk, Zoriana;Boichuk, Nelia;Kunderevych, Olena
    • International Journal of Computer Science & Network Security
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    • v.21 no.8
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    • pp.137-140
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    • 2021
  • The article is devoted to the study of the issue of liability for the dissemination of inaccurate information on the Internet. The article emphasizes that now the public opinion of socially active segments of the population is mainly formed on the basis of not critical but subjective ("consumer") analysis of the received information. The modern realities show that the main source of its origin is the Internet: electronic media and, above all, the relevant social networks. The problem of dissemination by the mass media of inaccurate information obtained via the Internet is solved; it is seen in bringing the laws of Ukraine, which regulate public relations regarding the dissemination of information, into compliance with the Civil Code of Ukraine. The issues of development and implementation of new legislative acts aimed at regulating the status of subjects of informational relations on the Internet and establishing the grounds for their liability are also investigated.

Liability for Damages Due to Violation of Supervisory Duty by the Legal Guardian of the Mental Patient (정신질환자 보호의무자의 감독의무 위반으로 인한 손해배상책임 -대법원 2021. 7. 29. 선고 2018다228486 판결의 검토-)

  • Dayoung Jeong
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.133-170
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    • 2022
  • Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

A Study on Global Initiatives on Greenhouse Gas Reduction in the International Aviation (항공분야 기후변화 대응 현황 - 최근 ICAO 고위급회의 논의를 중심으로 -)

  • Maeng, Sung-Gyu;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.47-67
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    • 2009
  • In recent years, greenhouse gas (GHG) reduction has become high priority issue in international aviation. GHG emissions from the aviation sector only accounts for approximately 2 percent of total GHG emissions in the world. However, as with GHG gases in other sectors, it has been pointed out as a contributing factor to global warming and there is an ongoing conversation in the aviation community to establish international framework for emissions reductions. In the case of international aviation, effects of aviation activities of a State go beyond the airports and airspace of that State. This makes compiling of GHG emissions data very difficult. There are also other legal and technical issues, namely the principle of “Common but Differentiated Responsibility (CBDR)” under the United Nations Framework Convention on Climate Change (UNFCCC) and “Fair Opportunity” principle of the Chicago Convention. For all these reason, it is expected that it will not be an easy job to establish an internationally agreed mechanism for reducing emissions in spite of continuing collaboration among States. UN adopted the UNFCCC in 1990 and the Kyoto Protocol in 1997 to impose common but differentiated responsibility on emissions reductions. In international aviation, ICAO has been taking the lead in measures for the aviation sector. In this role, ICAO held the High-level Meeting on International Aviation and Climate Change on 7 to 9 October 2009 at its Headquarters in Montreal and endorsed recommendations on reducing GHG from international aviation which will also be reported to the 15th Meeting of the Conference of the Parties (COP15). Key items include basic principle in global aviation emissions reduction: aspirational goals and implementation options: strategies and measures to achieve goals: means to measure and monitor the implementation; and financial and human resources. It is very likely that the Republic of Korea will be included among the Parties subject to mandatory limitation or reduction of GHG emissions after 2013. Therefore, it is necessary for Korea to thoroughly analyze ICAO measures to develop comprehensive measures for reducing aviation emissions and to take proactive actions to prepare for future discussions on critical issues after COP15.

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