• Title/Summary/Keyword: IT disputes

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Cluster and Polarity Analysis of Online Discussion Communities Using User Bipartite Graph Model (사용자 이분그래프모형을 이용한 온라인 커뮤니티 토론 네트워크의 군집성과 극성 분석)

  • Kim, Sung-Hwan;Tak, Haesung;Cho, Hwan-Gue
    • Journal of Internet Computing and Services
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    • v.19 no.5
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    • pp.89-96
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    • 2018
  • In online communities, a large number of participants can exchange their opinion using replies without time and space restrictions. While the online space provides quick and free communication, it also easily triggers unnecessary quarrels and conflicts. The network established on the discussion participants is an important cue to analyze the confrontation and predict serious disputes. In this paper, we present a quantitative measure for polarity observed on the discussion network built from reply exchanges in online communities. The proposed method uses the comment exchange information to establish the user interaction network graph, computes its maximum spanning tree, and then performs vertex coloring to assign two colors to each node in order to divide the discussion participants into two subsets. Using the proportion of the comment exchanges across the partitioned user subsets, we compute the polarity measure, and quantify how discussion participants are bipolarized. Using experimental results, we demonstrate the effectiveness of our method for detecting polarization and show participants of a specific discussion subject tend to be divided into two camps when they debate.

Legal Aspects on the Procedures and Settlement of the Disputes arising from the WTO Preshipment Inspection (WTO 선적전검사제도에 따른 실태와 분쟁조정의 해결에 관한 고찰)

  • Seo, Jeong-Il
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.293-322
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    • 1998
  • General Administrative Procedures of the Preshipment Inspection 1. Initial notification Preshipment Inspection is initiated by Agency when it receives notice either from the importing country, or the seller, that an export needs to be imspected 1.1 Notice from the importing country 1.2 Notice from the seller 2. Preliminary price verification After receipt of initial notification, Agency undertakes, Where possible, a preliminary price verification, based upon the Inspection Order and other contractual documents received. 3. Customs classification When required by the Government of the importing country. Agency forms an opinion of the Customs Classification Code based upon the Customs Tariff Book and Rules of Classification of the country of importation. The Customs Classification Code determines the tariff rate on the basis of which the importer will be required to pay import duties. 4. Import eligibility 5. Arrangements for physical inspection 5.1 Inspection request from seller 5.2 Place of inspection 5.3 Date of inspection 5.4 Physical inspection procedures 6. Physical inspection results When the physical inspection is completed, the inspector submits his report to the Agency office and the result of inspection will be communicated to the seller and, where applicable, the place of inspection. The result will state: satisfactory or conditional of unsatisfactory. The seller is welcome to present his views in writting to Agency in the event there is any query regarding the issuance of a conditional of unsatisfactory inspection result. 6.1 Satisfactory 6.2 Conditional 6.3 Unsatisfactory 7. Shipment of the goods The seller is advised to check with Agency prior to shipment if the physical inspection result has not been received or there are any doubts concerning whether a Clean Report of Findings will be issued. 8. Final price verification and classification Based on the results of physical inspection and appropriate final documents, Agency finalises the price verification and the Agency opinion of Customs classification code. When the preliminary price verification has not resulted in any unresolved questions and the inspection result and other documents received are consistent with the preliminary documentation, Agency will not normally require any additional information. The main exception would be if the terms of sale require reference to prices at the date of shipment. 9. The Report of Findings 9.1 Types of Reports of Findings - Clean Reports of Findings(CRF) The Agency will issue a Clean Reports of Findings(CRF), or equivalent document, normally within two working days after receipt of the necessary correct final documents and a satisfactory result in all aspects of the inspection. - Discrepancy Report.

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Method to Objectify Individual Factors of GIS-based Real Estate Appraisal (GIS를 이용한 감정평가의 개별요인 객관화 방안)

  • Kim, Tae Woo;Kang, In Joon;Park, Dong Hyun;Hwang, Dae
    • Journal of Korean Society for Geospatial Information Science
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    • v.23 no.4
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    • pp.35-41
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    • 2015
  • Real estate appraisal methods include profit-based, cost-based and comparison-based measures. The purpose of this study is to scientifically quantify the comparison-based method mostly utilized in valuating real estate property among the appraisal methods. The comparison method is to estimate the value of target property from other previously-traded property cases by comparing and adjusting their temporal gap, spatial gap and space-time gap. In appraisal practices, this comparison method is used generally for land property. If based on previous transactions; prices, time point of transaction, region and individual factors were analyzed to valuate. If based on official land values; official value, time point, region and individual factors are analyzed. Of these, the individual factors are an important process of comparing individual characteristics where real estate appraisers' subjective assessment could intervene. Though appraisers, as experts make generally precise assessment, still, it is a subjective judgment open to difference between appraisers themselves, causing disputes from time to time. In this recognition, the study seeks to quantify such a subjective assessment of appraisers by running GIS analysis on individual factor components including street condition, access condition;and plotting condition.

Trends of the Precedent Case concerning Hospitalized Acquired Infection (병원감염에 관한 판례의 동향)

  • Lee, Dong-Pil
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.61-105
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    • 2007
  • The Hospitalized Acquired Infection is defined as the case where the hidden infection or not found at the time of hospitalization occurs during the hospitalized period or, within 30 days to those who performed the surgery operation and then left the hospital. About 2/3 of the Hospitalized Acquired Infection are found as having the internal infection cases that are occurred by the patients' own virus due to the lowered immune system, while about 1/3 are found as having the external infection. The latter 1/3 of the external infection cases can be prevented through the infection management. And in case the new Hospitalized Acquired Infection case occur to the patient who was treated in the hospital, its responsibility issue will matter. As well in the disputes over the Hospitalized Acquired Infection cases, the cause-result relation between the damages and the medical staff's fault and as to whether there is failure of the medical staff or not. personnel should be proved in the medical-malpractice cases. In addition, the difficulties in proving such as expertise, secrecy propensity, discrete propensity and incompleteness will be considered to ease the burden of patient side's proving. Probability theory, Fact based assumption theory, Most adequate plaintiff preassumption or Expressed evidence theories are being discussed as the theories of eased burden of proof. In the result of gathering and reviewing Korea's precedent cases concerning the Hospitalized Acquired Infection, there are only a few accumulated prece dent cases and the attitude of the court also are also not consistent. Therefore, there are the precedents where the cause-result relation and the failure are immediately assumed when (1) timely proximity between the medical behavior and malpractice results, (2) proximity between the medical behavior-applied parts and the malpractice results-found parts, and (3) lack of other causes are separately evidenced; while the are the precedents only when 'the existence of the medical faults based on the common sense' is separately evidenced. It was found that the former and latter cases coexisted. The former is considered as based on the theory that separates the fault and cause-result relation not to consider them together, or regarded as based on the doubts that assumes the medical staff's neglect even though the Hospitalized Acquired Infection might be completely prevented by their efforts. However, the modern medical technology has the limitation as far as the prevention of the Hospitalized Acquired Infection. In conclusion, the assumption of the cause-result relation and that of the fault should be separately reviewed. Therefore, the latter precedents are considered as more reasonable, in the point the faulty behavior may be proved based on the common sense.

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An Analysis of Judicial Precedents for Progress Payment to Subcontractor - Focused on Public Construction Projects - (하도급대금 직접지급에 대한 쟁점판례 분석 - 공공 건설공사를 중심으로 -)

  • Lee, Dong-Hoon;Kim, Sun-Kuk;Song, Yong-Sik;Kim, Baek-Yong;Lee, Won-Suk
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.111-120
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    • 2010
  • The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

The Influence of Geographical Features on Analyzing the Right to Daylight (지형요인에 의한 일조권 침해의 영향 분석)

  • Kim, Ji-Sook;Kim, Ho-Yong;Lee, Sung-Ho
    • Spatial Information Research
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    • v.19 no.1
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    • pp.21-28
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    • 2011
  • With the recent overcrowding of metropolitan cities and people's increasing interest in housing environment, there are frequent disputes occurring over the right to daylight. In order to determine whether daylight has been encroached accurately. we need to consider the daylight change by the effect of the geographical features of the surrounding areas but most of the previous relevant studies overlooked this consideration. Thus, in order to determine the encroachment of daylight accurately, this study analyzed the change in the duration of daylight according to geographical features by applying the Hemispherical Viewshed Algorithm to Busan Metropolitan City. According to the results of the analysis, the minimum and average duration of daylight decreased with an increase of altitude by 50m. Second, according to the time bound designated by law, up to 78.6% of the area was influenced by the duration of daylight. Third, the geographical features of the surrounding areas had a significant effect on the duration of daylight. Accordingly, in order to analyze the right to daylight accurately, it is essential to consider the geographical features of the surrounding areas. Furthermore, the Hemispherical Viewshed Algorithm used in this study and the visible area of the sky obtained from the algorithm are considered helpful to analyze the influence of the geographical features of surrounding areas on the legal duration of daylight before analyzing the practical right to daylight.

The Status and Responsibility of the Confirming Bank under UCP600 (UCP600에서 확인은행의 지위와 책임)

  • Park, Sae-Woon;Lee, Sun-Hae
    • International Commerce and Information Review
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    • v.14 no.4
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    • pp.433-456
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    • 2012
  • The confirming bank undertakes to make payment to the beneficiary, provided that a complying presentation is made and complies with its confirmation. In case L/C fraud is evident, though, the confirming bank as well as the issuing bank does not have the obligation to make payment. That is, the confirming bank does not take the risks involving documentary fraud. The confirming bank cannot exercise the right to recourse toward the beneficiary or the nominated bank when the issuing bank finds the discrepancies which the confirming bank has not noticed. This is because under UCP600, the issuing bank or the confirming bank cannot refuse to make payment with the cause of documentary discrepancy after 5 banking days following the presentation of documents. Even if the issuing bank accepts the discrepant documents following the confirming bank's request to do so, the confirming bank does not have the responsibility for the confirmation. When under Usance Negotiation Credit, the confirming bank acts as the nominated bank, the confirming bank should make payment in no time if the beneficiary presents complying documents. Therefore, unless the confirming bank intends to make immediate payment, they should consider using Deferred Payment or Acceptance L/C in Usance Credit. It is also safer for the beneficiary to have the reimbursing bank's undertaking to the reimbursement than just have confirmation of the credit because in the latter case they may not have full payment due to disputes regarding discrepancies of the documents even if they have confirmation of the credit.

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A Study on Analyzing Precedents and Legal System of Landscape Tree Damage by Natural Disasters (자연재해로 인한 조경수목 피해 판례 및 제도분석 연구)

  • Yu, Joo-Eun;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.4
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    • pp.77-84
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    • 2013
  • With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.

An Design of Analyzing Process by Construction Extension of Time (공기연장 분쟁의 공사기간 분석 프로세스 설계에 관한 연구)

  • Kim, Beop-su;Seong, Gi-gang;Bae, In-ho;Bang, Hong-soon;Choi, Hyeong-jin;Kim, Ok-kyue
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.4
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    • pp.104-113
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    • 2019
  • Construction dispute about Extension of Time are complexly intertwined with various issues. The duration delay analysis defines the impact the issue has on the duration variation. And The international court and the arbitrator use the results of the analysis as a basis for reasonable duration judging. However, most of the domestic Construction sites have not established a business process for Extension of Time litigation. Therefore, Analysis data are collected after the occurrence of the dispute, there is not enough basic data of analysis almost. This study sought to improve the management efficiency by organizing information requirement for delay analysis and suggesting a reasonable business process. As a result of applying the proposed process to actual construction duration extension disputes, about 33% of practitioners, 46% of contractors, and 48% of legal advisors were satisfied with the process application site And Matrix validation was 91% identical. This study suggests that it is possible to increase the efficiency of the construction duration analysis work used as a basis in the construction dispute. Finally, the Computer based system design for this process should continue in the future.

A Study on the Changing Functions of the PRC Marine Corps and Future Development (중국 해병대의 기능변화와 향후 발전전망 연구)

  • Lee, Pyo-Kyu;Lim, Gye-Hwan
    • Convergence Security Journal
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    • v.17 no.5
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    • pp.143-151
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    • 2017
  • The purpose of this study is to provide the future development of the PRC Marine Corps by analyzing the changing functions via its historical development. The PRCMC is an elite regular military forces and was established by the Central Military Commission(China) in 1953 in order to project the national military power toward the enemy's territory by overcoming maritime obstacles such as seas and lakes. The PRCMC is relatively smaller personnel strength compared with the whole size of the PRC military forces. Thus its functions were limited in the areas of amphibious and land operations, island and land defense against Taiwan before the PRC pursues expanding policy toward outside. However, in the 2000s, China pursues its policy for obtaining absolute national interest so that its functions are rapidly enlarged into defense of the forward naval bases, and those for evolving its power toward outside according to not only the island territorial dispute with Japan, but also Xi Jinping's active expanding policy what we call 'the one belt and one road'. So its personnel strength is slowly increased. If the increasement of the PRC Navy and Marine Corps would develop into the level of which they can contain the status and influence of the US military power in Asia-Pacific area, it is possible that the security environment of the North-east Asia including the Korean peninsula will be fluctuated. Consequently, the ROK also needs to reevaluate the functions and the size of the joint strength of the ROK Navy and Marine Corps considering the transition of the changing security environment.