• Title/Summary/Keyword: Enforcement cost

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An Empirical Study on Determining Factors of estimation cost: Focused on Defense Goods (예정가격 결정요인에 관한 연구: 방산물자를 중심으로)

  • Song, Young-Il;Kim, Dong-Uk;Shim, Suk-Hwa
    • Journal of the military operations research society of Korea
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    • v.37 no.1
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    • pp.99-118
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    • 2011
  • According to the National Contract Law, when determining Estimation cost Contract officers should consider contract quantity, contract period, supply and demand condition, difficulty of contract enforcement, terms and condition, and other various conditions based market price, costing based pricing, and appraisal. And they should not overestimate or underestimate the estimation cost. But the estimation cost system is used as preparedness for audit against the contract law. In this study, we identified the factors affecting estimation cost and analyzed their influence on estimation cost.

A Study on the Application of the New York Convention in the Recognition and Enforcement of ISDS Arbitral Awards (투자협정중재에 의한 중재판정의 승인·집행에 대한 뉴욕협약 적용에 관한 고찰)

  • Kang, Soo Mi
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.31-52
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    • 2019
  • As international transactions have grown more numerous, situations of disputes related to the transactions are getting more complicated and more diverse. Cost-effective remedies to settle the disputes through traditional methods such as adjudications of a court will be insufficient. There fore, nations are attempting to more efficiently solve investor-state disputes through arbitration under organizations such as the ICSID Convention, the ICSID Additionary Facility Rules, and the UNCITRAL Arbitration Rules by including the provisions on investor-state dispute settlement at the conclusion of an investment agreement. In case of an arbitration under the ICSID Convention, ICSID directly exercises the supervisorial function on arbitral proceedings, and there is no room for the intervention of national courts. In time of the arbitration where the ICSID Convention does not apply, however, the courts have to facilitate the arbitral proceedings. When the recognition and enforcement of an arbitral award under the ICSID Convention are guaranteed by the Convention, it should be considered that the New York Convention does not apply to them under the Convention Article 7 (1) fore-end. In exceptional cases in which an arbitral award under the ICSID Convention cannot be recognized or enforced by the Convention, the New York Convention applies to the recognition and enforcement because the award is not a domestic award of the country in which the recognition or enforcement is sought. It is up to an interpretation of the New York Convention whether the New York Convention applies to ISDS arbitral awards not based on the ICSID Convention or not. Although an act of the host country is about sovereign activities, a host country and the country an investor is in concurring to the investment agreement with the ISDS provisions is considered a surrender of sovereignty immunity, and it will not suffice to exclude the investment disputes from the scope of application of the New York Convention. If the party to the investment agreement has declared commercial reservation at its accession into the New York Convention, it should be viewed that the Convention applies to the recognition and enforcement of the ISDS awards to settle the disputes over an investitive act, inasmuch as the act will be considered as a commercial transaction. When the recognition and enforcement of an arbitral award on investment disputes about a nation's sovereign act have been sought in Korea and Korea has been designated the place of the investment agreement arbitration as a third country, it should be reviewed whether the disputes receive arbitrability under the Korean Arbitration Act or not.

Research of Efficient Environmental Policy Instruments for the Reduction of SO2-Emissions from Stationary Sources (고정오염원에서 발생하는 SO2 배출량 저감을 위한 효율적인 환경정책수단의 연구)

  • Lee, Yeong Jun
    • Journal of Environmental Science International
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    • v.13 no.4
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    • pp.339-347
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    • 2004
  • This paper asks the question: what choice of environmental policy instruments is efficient to reduce sulfur dioxide from stationary sources\ulcorner: In Korea, command and control has been a common way of controlling $SO_2-emissions.$ When compared to the non-incentive environmental policy instrument such as command and control, economic incentive environmental policy instrument has been the advantage of making polluter himself flexibly deals with in marginal abatement cost to develop environmental technology in the long view. Therefore, the application possibility of the incentive environmental policy instrument was studied in this research to realize the countermeasure for controlling of $SO_2-emissions.$ As a result, enforcement of the countermeasure such as flue gas desulfurizer by command and control would be suitable because power generation is performed by the public or for the public in source of air pollution and thus, economic principle is not applied to the polluter. In the source of industrial pollution, enforcement of fuel tax is found to be suitable for the countermeasure for the use of low sulfur oil in terms of the flexibility of demand for the price in the long tenn. For the permissible air pollution standards applicable to all air pollutant emitting facilities, enforcement of incentive environmental policy such as bubble, off-set, banking policy or tradeable emission penn its would be ideal in long terms according to the regional characteristics and the number and scale of air pollutant emitting facilities.

A Statistical Analysis of Recycling Cost for Waste Home Appliances

  • Esher Hsu;Kuo, Chen-Ming
    • Proceedings of the IEEK Conference
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    • 2001.10a
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    • pp.59-64
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    • 2001
  • On July 5, 1997, environmental Protection Administration of Taiwan publicized the recycling regulation of waste home appliances that include four items, namely, television, refrigerator, washing machine, and air conditioner. It is believed that this regulation pioneers the law enforcement of waste home appliances in the world. To comply with tile policy, several contemporary waste disposal plants specialized in waste home appliances were established according to a follow-up technical specification oil the waste treatment facilities and methodology. Therefore, the traditional dismantling facilities were substituted and waste collection routes were altered as well accordingly. This study investigates the collection and recycling costs of waste home appliances in accordance with these newly established routes and facilities, respectively. Cost survey was conducted among collectors and recycling plants of waste home appliances; consequently, tire collection and recycling costs were analyzed, correspondingly. Results show that the recycling costs of waste home appliances were much higher than that of other waste items. Since the market share of recycled materials is lacking, these waste recycling plants of home appliances can only survive under the subsidy of EPA in Taiwan. Due to some arduous problems, the subsidiary system has already caused serious financial unbalance for a foundation under EPA of Taiwan, which associated with waste recycling in Taiwan.

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A Study on Cost Problem in Adult Guardianship System (성년후견제도에서의 비용문제에 관한 소고)

  • Jeon, Byeong-Joo;Cho, Do-Yeon
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.1-11
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    • 2013
  • The adult guardianship system took effect from July 2013, to protect adults who need protection due to insufficient ability to judge. Even though many problems are founded in countries like France and Japan which perform Adult guardianship system, they are promoting practical settlement of system and protection of the adults requiring protection through continuous supplementation of system. It is essential to solve cost problem for successful establishment of adult guardianship system because reasonable control of social security expenditure, in an aging society, is a common task for all countries. Therefore, in this study, cost problem occurred in the enforcement of adult guardianship system is to be examined and through these findings, several strategies were suggested to solve it in Korea.

Proper Estimating Method for Environmental Preservation Cost in Road Projects (도로공사 환경보전비의 적정 산출 방안)

  • Park, Ji-Sun;Lee, Sea-Hyun
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.2
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    • pp.3-10
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    • 2012
  • The current enforcement regulation of "Construction Technology Management Act" prescribes calculation standard of environmental preservation cost in construction site. According to this standard, environmental preservation cost is calculated by using the quantity-per-unit costing method or applied fixed rate on direct cost. However, when calculated by using the quantity-per-unit costing method it is few items to put in the budget according to standard of construction estimate and in the case of using the fixed rate on direct cost it is not considering various characteristics of the construction site. Therefore, it is needed a improvement plan of estimating method and management system for environmental preservation cost. In this study, it surveyed the actual state of the environmental preservation cost according to magnitude of project, site location, anti-pollution facilities and etc. over 38 road projects. The research reported in this paper environmental preservation cost was variously distributed over construction sites. Thus it needs to estimating method and management system to consider characteristics of construction site for environmental preservation cost.

A Study on Weight Estimation of Moving Vehicles using Bridge Weigh-in-Motion Technique (Bridge Weigh-in-Motion 기법을 이용한 주행차량 중량추정에 관한 연구)

  • Oh, Jun-Seok;Park, Jooyoung;Kim, Junkyeong;Park, Seunghee
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.28 no.1
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    • pp.29-37
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    • 2015
  • In this study, the estimation of axial load and total axial load was conducted using Bridge Weigh-in-Motion(BWIM) technique which generally consists of devices for measuring the strain induced in the bridge by the vehicles. axle detectors for collecting information on vehicle velocity and axle spacing. and data acquisition equipment. Vehicle driving test for the development of the BWIM system is necessary but it needs much cost and time. In addition, it demands various driving conditions for the test. Thus, we need a numerical-simulation method for resolving the cost and time problems of vehicle driving tests, and a way of measuring bridge response according to various driving conditions. Using a bridge model reflecting the dynamic characteristic contributes to increased accuracy in numerical simulation. In this paper, we conduct a numerical simulation which reflects the dynamic characteristic of a bridge using the Bridge Weigh-in-Motion technique, and suggest overload vehicle enforcement technology.

A Study on Reforming the Adornment of Buildings in the Provinces (지방자치단체 미술장식품 설치의 개선방안)

  • 조정송;이유직
    • Journal of the Korean Institute of Landscape Architecture
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    • v.31 no.2
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    • pp.36-47
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    • 2003
  • The purpose of this study is to examine the present problems relating to the legislation and execution of adornment of buildings in the provinces, and to explore ways to improve the role and function of adornment of buildings in terms of public art. In order to do that, the related national law and enforcement decree and the local regulations and rules were analysed. In addition the catalogues on the adornments of buildings that are managed by 31 cities and counties of Gyeonggi-Province were also compared and analysed. As a result of our survey, it has been determined that the reform of the adornments of buildings must be executed on the national and local levels. On the local level, the revision of regulations must occur simultaneously with the changes of national law and enforcement decrees. In many local self-governing bodies, there are quite a lot of discrepancies between their regulations and the upper law. Therefore, people can be confused regarding the sensitive problems such as the types of buildings that are required to display adornments and the proportion of the cost to the construction cost. In addition the effects of the improvements to national laws are often delayed. For example, the updated national law requires committee members to be appointed on the basis of merit, the announcement of the deliberation results, and the establishment of provisions regarding the management of existing structures. Unfortunately, improvements to the national law are not followed through on a local level. Concerning national legislation, the following improvements are necessary to minimize these problems. First, the western concept of‘public art’must be imported to Korea and applied to future legislation regarding adornment of buildings. Second, the perception of the purpose of adornment of buildings must be changed from‘art promotion’to‘improvement of the urban environment’Third, it is impractical to require private citizens to fund public worts of In. Korea requires an organized federal funding system for the commission of public art, which is to be controlled by committee. Finally, the definition of public artwork must be enlarged to include a more broad range of art, such as landscape architecture. In addition, continuing care of existing public worts of art must be managed systematically and strengthened.

Risk Analysis and Alternatives on DB Encryption of Social Welfare consolidation Service System ("사회복지통합서비스 시스템"의 DB암호화에 대한 리스크분석 및 대안연구)

  • Ham, Seung Mok;Park, Tae Hyoung
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.9 no.4
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    • pp.81-94
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    • 2013
  • Recently, the dramatical increasement of personal information infringement makes the government strongly enforce the laws. The Key-point of law enforcement is the DB encryption. Nevertheless, DB encryption is the one of the hardest thing in the organization's security measures. The purpose of this paper is suggesting alternative means of residence numbers and showing the possibility of indicator usage for safety measures. This research suggested the best ways to make a decision through a before and after comparison of the DB encryption cost of the inherent identification number elimination in "Social Welfare consolidation service system". When this research result was applied in "Happiness-e-Um system", we found that the alternative means are more efficient than the residence number for encryption cost, system revision time and so on.

A Study on the System of the Arbitration Act Enforcement Ordinance (중재법시행령(안)의 체계에 관한 고찰)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.3-24
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    • 2014
  • The Arbitration Act of Korea entered into force on December 31, 1999. It was modeled after the UNCITRAL Model Arbitration Law to meet the goal of the internationalization of the arbitration system of South Korea mainly in terms of the System (Alternative Dispute Resolution) Act. In general, a hearing of arbitration is made up of an arbitrator, claimant, and respondent. This is accomplished in a single core. The advantages of arbitration are low cost and confidentiality. In addition, there is the participation of experts and rapidity with a single core agent. However, under the current Arbitration Act, there is no provision expressly relating to the qualifications of arbitrators. This should be accomplished by the arbitration act enforcement ordinance. Following specific details of the 'party' in conjunction with all the provisions of the Arbitration Act, Article 1 should be revised in a timely manner so that "conflict of private law" covers cases in which a dispute between the parties is desirable. In addition, in Article 3 the phrasing of "also dispute 'judicial'" should be revised to over disputes between parties. Furthermore, the provisions of Article 40 are described in the Supplement and so it is preferable to address Supplementary Delete. In addition, this study will analyze ADR in Japan and present a plan to establish a law to resolve disputes outside of court in that country. Therefore, the objective of this study is to assist in the study of legislating fundamental law for alternative dispute resolution. In spite of this, there are many in business and academia who would like to modify the arbitration system in South Korea to improve its function. There is much interest in accomplishing this,so proposals for legislation should continue to be made.In order to accomplish this, the arbitration systems of developed countries such as the United States can be used as a model. It can be seen that despite the idea that the parties involved engage in arbitration autonomously, many elements of the process from the selection of the arbitrator of the arbitral tribunal are specified in legislation and thus it is necessary to develop legislation that will allow arbitration to perform its intended function. Any given arbitral tribunal can be specialized, typically in a case an arbitrator who is an expert in the field is selected. This helps to avoid complaints concerning the results of the arbitration. In the case of international arbitration, however, this provision is often not employed and instead it is necessary to provide a Schedule and Supplement concerning international arbitration. Finally, the promotion of the enactment of the Arbitration Law Enforcement Ordinance must be a top priority in order to ensure proper implementation of the arbitration law.

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