• 한국조경학회지
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• 제50권1호
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• pp.78-90
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• 2022

본 연구는 조경 분야 민간전문가 참여 제도의 운영현황과 문제점을 분석하고 향후 공공사업에서 조경 분야 민간전문가 제도의 바람직한 운영을 위한 시사점을 도출하고자 한다. 이를 위해 민간전문가의 법적 정의, 제도의 성립과정, 관련 법률과 제도를 파악하고 조경전문가가가 민간전문가로 활동하고 있는 지자체를 대상으로 운영현황, 운영체계, 업무 및 역할 등을 분석하였다. 현재 민간전문가 제도를 운영하는 지자체는 50개로 파악이 되었으며 이 중 조경전문가가 민간전문가로 활동하는 지자체는 12개로 파악되었다. 대부분의 조경전문가는 총괄건축가나 공공건축가로서 활동하고 있었으며 서울시의 경우에는 공공조경가 제도를 별도로 운영하고 있었다. 제도의 분석과 16인의 전문가 심층인터뷰를 통해 다음의 문제점과 조경 분야 민간전문가 제도의 활성화를 위한 시사점을 찾을 수 있었다. 첫째, 법적 제도와 위상의 문제는 건축 분야 중심의 제도 체계가 원인으로 파악되었다. 현실적으로 독립적인 법률을 제정하기보다 조례를 제정하거나 현재의 제도적 틀 내에서의 보완이 바람직한 것으로 파악되었다. 둘째, 운영체계는 보수체계가 가장 중요한 문제의 원인이었다. 이를 위해 적절한 규모의 예산 확보와 담당부서의 운영 체계 정비가 필요하다. 셋째, 역할과 업무의 문제는 자문에 한정된 제한적 역할이 문제로 중요한 문제로 파악되었다. 조경전문가에 직접 설계에 참여할 기회가 주어지는 방향이 바람직하였으나 공정성의 문제를 고려한 제도 개선이 필요하다. 넷째, 전문가 역량과 관련해서 자격이 있는 조경전문가의 부족 문제와 지역 편중 문제가 있었다. 이는 경관, 공공디자인의 분야와 협력적인 민간전문가제도를 운영하는 방식을 대안으로 고려할 수 있다.

• World Technopolis Review
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• 제5권2호
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• pp.108-118
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• 2016

There are very few studies on governance structure for the collaboration between HEIs and science and technology parks until today. Major activities between science parks and HEIs are R&D activities, collaborative researches, technology transfer, space provision for BIs and Technology BIs in the science parks, provision of technical, legal and financial services for start-ups and venture firms. Governance structure for the collaboration of high education institutes with science and technology parks is the handling of complexity and management of dynamic flows of collaboration between two groups. Three models on the governance structure for the collaboration are suggested in this study. The first model is a governance structure that links R&D system such as universities, public research institutes and private research institutes with industrial production cluster such as a group of companies and industrial parks. The second model is a governance structure that has four layers of hierarchy. This hierarchical governance model is composed of four levels of organizations such as central government, three actors, one center for collaboration and many individual research performers. The third model is a governance structure that networks all the stakeholders horizontally. Under this structure, governance is conducted by the network members with no separate and unique governance entity.

• KIEAE Journal
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• 제16권1호
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• pp.37-45
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• 2016

Purpose: According to the characteristic of hanok public building, Planning criterion of structure, technology, efficiency, design is needed which can includes various type of new-hanok type public buildings. In this paper, we collect expert opinions to be used as a basis for developing models of New-hanok type Public Buildings. Method: This study was conducted in Research Study and expert surveys. The Part of reviewing Study looked at conception of new-hanok type public buildings model development and overview planning criterion set briefly. Expert surveys were targeted to professors and architects who are related in new-hanok type public buildings model development research. Result: In this study, we suggest improvement direction about planning criterion of new-hanok type public buildings model development based on opinions collected by expert surveys. In conclusion, first, In concept and legal status, it is necessary to adjust clearly than the term and legal status of new-hanok type. Second, various applicability is needed by using new materials and new construction method at the part of planning elements. Third, 'composed structure-convergence type' and 'composed structure-juxtaposed type' should be clearly classified or combined at the part of Setting of type. Forth, improvement on heat insulation, soundproof, waterproof efficiency is demanded to roof, wall, window systems. Fifth, arranging revitalization plan is important.

• Journal of Forest and Environmental Science
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• 제30권1호
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• pp.133-144
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• 2014

This study was carried out to review the pattern of forest stand development for six Gangwondo Baekdudaegan Mountains which experienced different type and duration of intensive legal protection. Vegetation data from point sampling method were employed to classify community types by cluster analysis on the basis of the importance values of canopy tree species for the study areas. The names of classified communities were given by the composition of dominant tree species. The communities were also compared one another in terms of stand structure by species diversity index. The results indicated that National Parks (Seoraksan and Odaesan) had greater proportion of mixed mesophytic forest type which was supposed to progress further forest succession process so as to have more complex and diversified stand structure. On the other hand, ordinary forest areas (Seokbyeongsan and Deokhangsan) had greater proportion of the forest types which was dominatively composed of Quercus mongolica and Pinus densiflora. The forest types with large amount of these two species would tend to develop for relatively short period of time of 40-50 years after artificial disturbances. Hyangnobong of Natural Protection Area and Hambaeksan of Natural Ecosystem Conservation Area showed intermediate stand development pattern in between National Parks and ordinary forest areas. The period of intensive legal protection of the forest area was positively correlated with species diversity index (R=0.736), and noted that the forest which received intensive protection regulation for longer period tended to show more complex and diversified stand structure.

• The Journal of Asian Finance, Economics and Business
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• 제7권10호
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• pp.183-192
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• 2020

The purpose of this paper is to investigate the determinants of the Operational Self-Sustainability (OSS) of Vietnamese microfinance institutions (MFIs). This research uses both qualitative and quantitative research methods: (i) qualitative research was via in-depth interviews with ten microfinance practitioners, policymakers and researchers; (ii) quantitative research was conducted by using panel data of 34 MFIs in the period 2011-2015 with binary logistics and OLS regressions. Results are as follows: (i) MFIs' OSS in Vietnam are mainly determined by five key factors: portfolio at risk (PAR>30), capital structure, gross loan portfolio, scope of activities and legal form; (ii) OSS are most affected by legal status (social organizations have better OSS than formal MFIs or programs/projects), location (MFIs focus in one province have higher OSS than working nationwide or just in one district), capital structure (MFIs with more equity proportion have higher OSS); (iii) surprisingly, average loan size per borrower and age of MFIs do not have statistically significant correlation with OSS. The key recommendations are: (i) MFIs should focus on its professionality and increase its equity; (ii) related stakeholders such as State Bank of Vietnam should promote the enabling ecosystem for microfinance development to enhance poverty reduction and economic development.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.157-179
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• 2004

Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

• The Journal of Asian Finance, Economics and Business
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• 제6권3호
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• pp.67-79
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• 2019

This study examines the impact of corporate governance on capital structure decisions based on a large panel of Chinese listed firms. Using the system Generalized Method of Moments (GMM) estimator to control for unobserved heterogeneity, endogeneity, and persistency in capital structure decisions, we document that the ownership structure plays a significant role in determining leverage ratios. More specially, we find that managerial ownership has a positive and significant impact on firms' leverage, consistent with the incentive alignment hypothesis. We also find that managerial ownership only affects the leverage decisions of private firms in the post-2005 split share reform period. State ownership negatively influence leverage decisions implying that SOEs may face fewer restrictions in equity issuance and may receive favourable treatments when applying for seasoned equity ¿nancing, thus use less debt. Furthermore, our results show that while foreign ownership negatively influences leverage decisions, legal person shareholding positively influences firms' leverage decisions only for state controlled firms. We also find that the board structure variables (board size and the proportion of independent directors) do not influence firms' capital structure decisions. Our findings suggest that recent ownership reforms have been successful in terms of providing incentive to managers through managerial shareholdings to take risky financial choices.

• 시큐리티연구
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• 제11호
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• pp.129-157
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• 2006

급속한 사회변화와 함께 사회적 위험요소가 고조되면서 이에 대한 안전문제가 크게 대두되고 있다. 이에 안전욕구의 증대에 따라 위험에 대비하는 치안서비스를 제공하는 민간경호경비에 대한 수요도 증가하고 이에 따른 경호경비업도 발달하고 있다 이에 본고에서는 경호경비계약에 대한 법률 구조를 파악하여 경호경비업자와 의뢰자 사이에 발생 가능한 분쟁을 예방하거나 해결하기 위하여 계약의 성립과 그에 따르는 문제점을 분석하고자 한다. 특히 경호경비관계에 따르는 분쟁을 최소화하기 위하여 경호경비 계약을 체결하여 그 합의내용을 명확히 문서화하는 것이 필요하다. 여기에서 본고에서는 각 당사자간에 자율적으로 체결하는 경호경비계약조건을 표준화하는 방안 중에서 분쟁해결조항의 표준모델을 제시 하고자 한다. 특히 당사자 간 사법상의 분쟁을 해결하는 효과적인 방법으로 합의에 의한 방법이 최선이겠으나, 불가피한 경우에 재판에 의한 소송에 의한 해결보다는 중재를 통한 해결 방안을 권고한다. 당사자가 중재로 분쟁을 해결하기 위해서는 경호경비 계약서에 중재조항을 삽입하여 체결해야 한다. 실제 경호경비업계에서 이데 대한 적용성 시험 및 평가를 거쳐서 이를 경호경비 표준계약서로 제정하여 업계 전반에 확대 적용을 추진하고자 한다.

• 한국중재학회지:중재연구
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• 제28권1호
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

• 한국중재학회지:중재연구
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• 제30권3호
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• pp.47-66
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• 2020

Due to the division of China's departmental laws, the disconnect between theory and practice, and the influence of traditional academic thinking on the understanding of the knowledge structure of arbitration legal talents in practice, the construction of law school colleges, teaching teams, and research centers mostly revolves around departmental laws, tearing the connection of the arbitration legal system. The student-centered, process-guaranteed, and result-oriented arbitration master of law training model is "virtualized," the shaping of arbitration professionalism is ignored, the coverage of practical teaching is narrowed, and the arbitration legal profession is mostly formalized. The prevalence of specialized curriculum systems shortage, single faculty, formalized practical teaching, outdated curriculum settings, unsuitable curriculum system design for development, and inaccurate professional curriculum standards and positioning renders it difficult to integrate the "Belt and Road." The cutting-edge, the latest research results, and practical experience cannot reflect the connotation, goals, and requirements of "Entrepreneurship" education, as well as arbitral issues such as the ineffective monitoring of practical education and the inconsistent evaluation of standards and scales. Under the background of the "Belt and Road," based on system theory and practice and through training goals that innovate and initiate organizational form, activity content, management characteristics, assessment and support conditions, etc., the arbitration law teaching curriculum system is gradually improved and integrated. Through the establishment of a "Belt and Road" arbitration case file database and other measures, a complete arbitration law theory and practice teaching guarantee system has been established. Third parties are introduced, arbitration law experimental modules are developed, students are guided how to discover new knowledge, new contents are mastered, solidarity, cooperation, and problem-solving capabilities are cultivated in the practice of the "Belt and Road," and quality education, vocational education, and innovation education are organically integrated. In order to implement the requirements of arbitration law education, innovation development and collaborative management of arbitration law teaching practice base should be cultivated, thus giving full play to the effect of collaborative education between universities and arbitration institutions.