• Title/Summary/Keyword: IT disputes

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A Study on the Resolution Mechanism for Dispute between Investor and State in China (중국의 투자자-국가 간 분쟁 해결제도에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.23 no.4
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    • pp.29-53
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    • 2013
  • Chinese ISD has been changed a lot since the reformation policy in 1978 and it is expected that China will present a changed attitude toward its advantage as its industrialization continues to advance. This study generally examines the ISD in BIT and also considers not only the attitude of China with regard to ISD but also the changes on the Chinese side. Moreover, this study determines the areas on which the Chinese government focuses. In order to conduct this study, the author attempts to classify the attitudes on ISD into chronical change and treaty powers based on the analysis of BIT. In addition, the paper examines the main contents of ISD in BIT which previously involved an agreement such as arbitral institution, arbitral range, counter-measures of local country, standard for admitting the nationality of corporate investors, and recognition and enforcement of arbitral award. Based on analysis, this paper mentions matters that require attention and caution in the Korea-China FTA as regards investment negotiation, and also suggests instructions for investors who may face dispute with the Chinese government.

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The Suggestion for Improvement of the Education System of Private Security Employees (민간경비원 교육과정의 문제점과 개선방안)

  • Ahn, Hwang-Kwon;Kim, Il-Gon
    • Convergence Security Journal
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    • v.12 no.2
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    • pp.13-21
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    • 2012
  • The purpose of this study is to profile actual conditions of personal information protection systems operated in overseas countries and examine major considerations of personal information that security service providers must know in the capacity of privacy information processor, so that it may contribute to preventing potential occurrence of any legal disputes in advance. Particularly, this study further seeks to describe fundamental idea and principle of said Personal Information Protection Act; enhancement of various safety measures (e.g. collection/use of privacy data, processing of sensitive information/personal ID information, and encryption of privacy information); restrictions on installation/operation of video data processing devices; and penal regulations as a means of countermeasure against leakage of personal information, while proposing possible solutions to cope with these matters. Using cases among foreign countries for this study.

Identifying Wastes in Construction Process and Implementing the Last Planner System in India

  • Bhatla, Ankit;Pradhan, Bulu;Choi, Jin Ouk
    • Journal of Construction Engineering and Project Management
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    • v.6 no.1
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    • pp.11-19
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    • 2016
  • Most of the Indian contractors are not well equipped to handle the growing demand of infrastructure development; hence construction projects frequently run in to time and cost overruns, disputes and quality issues. This study aims to improve the construction industry in India by implementing lean principles to eliminate non-value adding activities (wastes). The purpose of this study is to 1) identify the wastes and their sources affecting the construction process, and 2) to identify problems and document lessons by applying a Last Planner System (LPS) to a sample project. First, the researchers identified that Delays, Rework, and Interruptions were the most critical wastes affecting the construction process and Poor management control, Poor Planning and Shortage of Resources were the major sources of the above mentioned wastes. Second, the researchers report the Percent of Planned Complete (PPC) analysis results and experienced problems after implementation of LPS at the sample project. It was observed that much more improvement could have been achieved if there was consensus between the owners and the contractor on the implementation of the LPS in its entirety. Some of the problems experienced in the implementation of the LPS like lack of scheduling, resource and material shortage were found to be similar to those in developed countries.

A Study on a Strategy to Enhance the Transparency of the Bidding and Contract System for Public Construction Projects (공공건설사업 입찰 및 계약제도측면의 투명성 확보 전략에 관한 연구)

  • Cho, Young-Jun;Kim, Jong-Ouk
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.6
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    • pp.109-116
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    • 2010
  • A construction project consists of many types of contracts. In the process of selecting the successful contractor after bidding, there will inevitably be fierce competition, which may lead to corruption or bribery. Even after signing the contract, during the period of settling the amount of the contract, bribery could occur. Such corruption could harm the development of the construction industry. It is, therefore, necessary to establish a strategy to prevent corruption by strengthening the transparency of the bidding process. In this study, to prevent corruption in the construction industry, a new service is proposed in which the successful bidder is selected by a professional third party, and the introduction of diverse delivery systems for construction projects and the invigoration of alternative methods of settling disputes are also proposed in this study.

Mithun (Bos frontalis): the neglected cattle species and their significance to ethnic communities in the Eastern Himalaya - A review

  • Dorji, Tashi;Wangdi, Jigme;Shaoliang, Yi;Chettri, Nakul;Wangchuk, Kesang
    • Animal Bioscience
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    • v.34 no.11
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    • pp.1727-1738
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    • 2021
  • Objective: This review consolidates the available information on the socio-economic and ecological significance of Mithun in the lives of ethnic communities in the Eastern Himalaya. Methods: Standard guidelines were followed for the review and data collection was carried out at three stages; literature search, literature screening, and literature review and analysis. Results: Records indicate a long association of Mithun with the ethnic groups. Mithun serves as a symbol of pride and local currency for barter trade in the ethnic society. Its utilities range from being used as a bride price to settling legal disputes. Several cultural festivals and local ceremonies are celebrated around this bovine. Due to its semi-wild nature, this animal also has an ecological role to conserve broad leaf sub-tropical forests. However, it remains neglected and has not received policy attention, leading to a stagnated growth. The institutions for Mithun research and development are also weak. Furthermore, the species is under threat from new diseases and habitat alteration triggered by climate change. Conclusion: Founded on the current state of knowledge, there is a need for institutional development, strengthening institutional linkages, and promoting regional cooperation among Mithun rearing countries for further research and development of this unique cattle.

A Study on the Meaning of Xiebaisan Made by Qianyi - Focused on Wujutong's Critiques - (전을(錢乙) 사백산(瀉白散)의 방의(方義)에 대한 소고(小考) - 오국통(吳鞠通)의 비판을 중심으로 -)

  • Baik, Yousang
    • Journal of Korean Medical classics
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    • v.32 no.1
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    • pp.191-204
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    • 2019
  • Objectives : Focusing on Wujutong's critiques for Xiebaisan misuse, this study investigates how Xiebaisan and its constituent drugs have historically been used by medical doctors and analyzes the disputes in the controversial context with a summary. Methods : The contents of Xiebaisan prescription were collected and examined from the past literature and medical database, and the issues related to the debate were examined by analyzing the contents. Results : In the results of exploring the opinions of medical doctors, in general, Xiebaisan and Sangbaipi, a major medicinal drug, were seen to play a role in the work of reinforcing and reducing. In particular, Ye Tianshi was used with cold and pungent medicine to Xiebaisan as a method of releasing heat with pungent medicine for acute fever in spring, and at the same time, care was taken to avoid depletion of secretion in the stomach. Conclusions : Wujutong's critique is that in early symptoms of viral infection, the misuse of Xiebaisan seems to emphasize the adverse effects of the illness. It is hoped that further research on Xiebaisan incremental medication will be conducted in the future to help clinical applications of Xiebaisan system medication.

A Study on the Effect of a Paramount Clause in Which the Hague-Visby Rules were Compulsorily Applicable under English Law (영국법상 Hague-Visby 규칙의 강행적 적용에 따른 지상약관의 효력에 관한 연구)

  • Choi, Byoung-Kwon
    • Korea Trade Review
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    • v.44 no.6
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    • pp.1-21
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    • 2019
  • In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

Issues in Real Estate Taxation and Rationalization of Property Taxation: Lessons from Real Estate Regulation Policy in Korea

  • CHOI, Choongik
    • East Asian Journal of Business Economics (EAJBE)
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    • v.9 no.1
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    • pp.63-69
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    • 2021
  • Purpose - This study examines the regressive estate taxation issues and seeks measures for the rationalization of property taxation. Although various discussions on the reorganization of property taxation have been made, discourses on how much property taxation burden is given to homeowners and on whether the increase of property taxation should be shifted to tenants have not been properly carried out. Research design, data, and methodology - Therefore this study examined the property taxation issues and sought measures for the rationalization of property taxation based on homeowners' social and economic characteristics. This study deals with discussions on the directions for rational real estate reorganization and what desirable real estate market stabilization polices are. Result - This study investigates what issues and disputes the powerful real estate policies to ease overheat of the real estate market have caused and seeks directions to solve those. Conclusion - The study results supports that the real estate taxation would be levied in proportion to the economic capacity of real estate owners to pay taxes. It implies that tax levy not only in conjunction with income, but also in combination with existing real estate assets would be considered to be desirable in terms of comprehensive tax justice.

Establishment of Effective Freshness Indicators for Seafood During Room-Temperature Distribution Using Commercial Cold Packs and Styrofoam Boxes (시판 보냉팩 및 스티로폼 박스 상온 유통시 효율적인 수산물 선도지표 설정)

  • Lee, Ji Un;Heu, Min Soo;Lee, Jung-Suck
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.55 no.5
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    • pp.670-680
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    • 2022
  • Owing to the lack of a cold-chain distribution system, most seafood is generally distributed under room temperature conditions. However the degradation of freshness during the distribution process can lead to disputes between sellers and consumers. The most widely used method for low-temperature distribution for seafood includes packaging it with styrofoam boxes and cold packs. In this study, vacuum-packed frozen fillets of four fish species of [white meat (Paralichthys olivaceus and Sebastes schlegelii) and red meat (Scomber japonicus and Scomberomorus niphonius)] were placed in styrofoam boxes with cold packs. Thereafter, changes in chemical (including pH, volatile basic nitrogen, and trimethylamine), physical (odor intensity, hardness, and chewiness), and microbial (viable cell count) characteristics of the fillets were measured during storage at 25℃. To identify the suitable method of determining freshness during the room-temperature distribution, several factors were considered, which included significant difference verification, correlation coefficients, and economic efficiency (experimental cost and time). Volatile basic nitrogen, pH, odor intensity, and viable cell count are the most rapid and accurate freshness indicators for determining freshness of frozen fish fillets during.

A Study on the Local Education Autonomy System in the United States in relation to the Educational Superintendent

  • Jong-Ryeol, Park;Sang-Ouk, Noe
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.2
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    • pp.191-200
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    • 2023
  • The U.S. education policy making and execution process, in which residents can directly participate as members of state or local boards of education, without entrusting a small number of experts to decide on issues of sharply intertwined political interests, can be presumed that it played a role in preventing conflicts and disputes that may arise due to differences of opinion or differences in the interpretation of laws and regulations between subjects. Such a consensus system in the United States suggests a supplementary point to the local education administration system in Korea, where conflicts between various educational entities are occurring because of the current excessive dependence on one superintendent of education.