• Title/Summary/Keyword: Legal works

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A Study of the China Construction Laws and BOT Policies from Overseas EPC Contractor's View (중국 건설 법률과 BOT 정책에 대한 조사 연구;해외 EPC 건설업체의 관점)

  • Choi, Jae-Ho;Park, K.R.;Yun, H.J.
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.519-522
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    • 2007
  • China infrastructure construction market has huge potential for increased use of PPP/BOT mode and one of the most attractive markets of doing business. However, there are still a multitude of challenges for overseas EPC contractor to enter into the China PPP/BOT market both internally and externally. Especially, the construction legal system and relevant policies are considered at present the biggest barriers in accessing China construction market. Therefore, the main purpose of the paper is to identify the impact of the construction laws, regulations and BOT-related policies on the viability of foreign contractor-led BOT project in China. To the satisfaction of the purpose, this paper will first analyze China construction laws based on the key issues that must be tackled by foreign EPC contractor before they enter into China. This summary gives the possible contract scheme for a BOT project of interest in which foreign contractors could define the scope of works and measure the viability of the project. Finally, a case study of wastewater treatment plant BOT project in China subsequently illustrates some of the lessons learned from the foreign contractor's perspectives for successfully participating in future environmental market in China.

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A Necessary Conditions of Building University Archives: For the Tentative Application of an Immature Archival Method and Program prior to Building Archives (대학기록관 설립의 필요조건: '미성숙한' 기록관리 방법의 시험 운용 방안)

  • Lee, Jong-Heup
    • The Korean Journal of Archival Studies
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    • no.3
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    • pp.33-64
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    • 2001
  • This essay introduces the basic method and program required to meet some necessary conditions of building university archives. By the phrase 'method and program', I intend the effective means of regularly but circumstantially controling the ways to the archival purposes proper which can be defined as the keeping of evidences and the broadening of information pool in terms of the evidential and informational natures or values of records. My starting point is about the matters of overcoming a standard method of induction which has long prescribed much passive procedures in the archival work. Considering the differences in the records and archives management-practices between West and Korea, I tentatively try to add some active elements to the archival work among which the collection for the expanding evidences and informations may firstly emphasized. While this collecting activity normally depends on the existing 'collections' and 'manuscripts', I cannot exclude the possibility of collections the materials, being likely to be registered in any poor or insufficient record groups. In the similar context, this kind of activity may and must be expanded beyond the university boundaries so at to arrange the cornerstones of archive-based local studies in the various disciplines. Here I premise another role of university archives, the role as 'science archives'. These archives within university archives seem likely to function in likewise the special collections within Western university libraries. What I mean here, however, is the archival groups purposedly gathered or acquisited according to more detail and narrower plan in order to meet the various demands from the different disciplines for the primary sources. The archival procedures from this revised method and program may, I hope, satisfy some of the preconditions of building university archives before the archives will actually function as a sub-institution of an university preserving legal, administrative and financial evidences, thus keeping identity and continuity of the university on the one hand, and as a local information center of supplying the archival contents on effectual demand from the field of local studies on the other. Finally, I conclude with a suggestion concerning the cooperation of all the parties of archival works. Proposing the 'Regional Research Center Program' in the field of technology and engineering as a model for the cooperation, I suggest that universities, private/public organizations, and central and local governments may work together for surveying the scattered ancient and modern documents as well as for building archives under the matching fund.

Restricted Use of Contingent Workers and the Factors of Shift from Contingent to Standard Workers in Brazil (브라질 비정규노동의 제한적 활용과 정규직화 요인)

  • Jeong, Heung-Jun
    • Korean Journal of Labor Studies
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    • v.19 no.1
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    • pp.213-260
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    • 2013
  • This study pays attention to the restricted use and the possibility of standard position of contingent workers in Brazil. The labor market of Brazil has been developed by formal and informal labor sector, and informal sector includes various precarious workers as well as contingent workers. According to Brazilian Statistics Department, not contingent workers but informal labor focused in this paper have been slowly decreased since year 2000. In this context, this study investigated on the reasons of decreasing contingent employment in Brazil. The results demonstrate that decreased informal employment and instead increased standard workers could not be interpreted by recent the Braizil's economic boom. Along with literature review, the author conducted the case study regarding employment of contingent workers at six large foreign companies in Sao Paulo. The results of this show that the use of contingent employment was prohibited in regular daily works by the labor law and thus firms employed contingent workers in only temporary positions. Further, firms often promise standard positions for contingent workers when temporary employment contract was terminated since there is little or no exist of the differences of wage between standard and contingent worker in terms of 'same work same wage' and 'minimum wage'. In here, labor unions play a key role in employment change from contingent position to standard job. Consequently, decreasing of contingent workers and stepping stone to regular jobs seems to be triggered by both legal regulation on contingent employment and strong unions. This institutional perspective may extend the theoretical view on the use of contingent workers, and the author discuss that Brazil's case could provide practical implications to Korean labor policy.

Impacts of Minijob on Women's Employment in Germany (독일 미니잡이 여성 고용에 미친 영향)

  • Kang, Su-Dol
    • Korean Journal of Labor Studies
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    • v.23 no.2
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    • pp.277-306
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    • 2017
  • This article empirically explores the impact of minijobs in the wake of the Hartz reform in Germany on women's employment relationship. Theoretically it is of great significance to examine whether the minijobs play an active role as a bridge in leading the minijobbers to regular, socially secured jobs or not. Several interviews as well as secondary data I could get during my sabbatical in 2015 were used to test the theory. One of the main findings was the fact that the minijob labor market opened doors wide for women in Germany, particularly for career-interrupted women, students or pensioners. However, the minijob can easily become a trap of lowest income and poverty for women. Most women minjobbers cannot go over to regular, socially secured jobs. Especially in terms of collective industrial relations, it considerably damages the power of industrial unions and the legal binding force of collective agreement. In conclusion, this study makes it clear that the labor market segmentation theory rather than the transitional labor market theory is valid in accounting for the reality of minijob in Germany. In other words, the minijob in Germany has a Toijan Horse Effect. It also suggests, from a practical viewpoint, that German industrial unions or works councils organize the minijobbers and that the coverage of collective agreements be extended to the minijobbers. Consequently, the time-selective part-timer model put into practice in Korea in 2014 is not only invalid but also undesirable.

Path to Poverty of Sick Workers and Fictional Korean Social Security (아픈 노동자는 왜 가난해지는가? - 아픈 노동자의 빈곤화과정과 소득보장제의 경험)

  • Lee, Sophia Seung-yoon;Kim, Ki-tae
    • 한국사회정책
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    • v.24 no.4
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    • pp.113-150
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    • 2017
  • This study analyzes how workers become impoverished and have their jobs less stabilized after they suffer from non-job-related sickness. Given that South Korea lacks sickness benefits, which most of OECD member states legislate and implement except US and Switzerland, this study examines its impact on laborers' job stability and povertization in Korea. The researchers have conducted in-depth interviews with nine former or present laborers who have the experiences and four experts on the issue in July-September, 2017 for the qualitative analysis. It is found that laborers, after becoming aware of their sickness, at first endure their pain without informing their employers not to lose their jobs. The attititude is observed especially among non-standard laborers, because sickness more often leads to job loss for them than for standard laborers. After workers have to leave their jobs due to their sickness in the end, they have no choice but to keep working in less stable jobs to compensate for income losses. They become gradually impoverished with their social capital like family bond declining. We observe laborers who are eligible for industrial accident insurance compensation could not benefit from the system because some employers refrain from the legal reporting duty. Due to this illegal practices, some industrial accident victims unduly lose their jobs due to "non-job-related sickness". Second, some employers report to the authority that their sick laborers have left their jobs 'voluntarily' even when they have quitted it without their volition, in which case the newly unemployed are not eligible for unemployment benefits. Large holes in Korea's safety nets for those suffering from multiple risks of sickness and unemployment.

A Convergence Study on Feasibility of Expanding Establishment of Public Postpartum Care Centers: Benefit-Cost Analysis (공공산후조리원 확대의 타당성에 관한 융합 연구: 편익-비용 분석을 중심으로)

  • Bae, Hyun-Ji;Kim, Jin-Hyun
    • Journal of the Korea Convergence Society
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    • v.11 no.12
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    • pp.409-418
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    • 2020
  • The purpose of this study is to analyze the economic feasibility of public postpartum care centers established for health care of low-income postpartum mothers. 6 of 8 public postpartum care centers were used to verify the economic feasibility and research data were collected through the centers. A sensitivity analysis was performed with the bed turnover rate, assuming that users in a postpartum care center will be decreased. As a result, B/C ratio was estimated to be 1.50 and the net benefit was estimated to be KRW 186,557 in million. A sensitivity analysis showed that B/C was 1.42 at 17.4 of bed turnover rate and 1.26 at 15.4 which indicates the lowest bed turnover rate among subjects. A public postpartum care center was evaluated as economically feasible as public works. Therefore it is necessary that the public postpartum care centers operated by local governments should be expanded through legal amendment.

A Study on the Application of Design Process in the Architectural Design Practice (건축설계 실무과정에서 디자인 프로세스의 적용에 관한 연구)

  • Kang, Mi-hyun;Kim, So-ra;Shin, Byeong-uk
    • Journal of the Korean Institute of Rural Architecture
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    • v.24 no.3
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    • pp.59-66
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    • 2022
  • This study aims to find out how architectural designers applied the design process and what content is applied in the practical process of architectural design in Korea, and to improve it if there is a problem. So the study is carried out by investigating 13 architects(Including one person who wants to keep his work private) with extensive experience in architectural design. The architects were questioned on how and what content the design process was used for their representative works that had been designed. And interviews and field surveys were conducted on other matters to be improved. The survey was conducted from November 2021 to July 2022. According to the conclusion of this study, First, Most architects were applying the design process in the architectural design practice. These are caused by an impact on education, but there was also an aspect of preparation in terms of guidelines such as the Architects Association and storage rights. Second, Although the design process differed in each name and phase, it was generally carried out in the order of the start phase, the planning work phase, the basic design phase, the intermediate design phase, the implementation quarterly, and construction. Third, The step-by-step work of the design process differed slightly depending on the architect, but counseling and contract work were mainly performed at the start-up phase, and field surveys, legal investigations, and case studys were conducted at the planning phase. In the basic design phase, some contents related to architectural programming, basic drawings, images, and models were used as main work contents. In the intermediate design phase, secondary contents such as licensed books and facility facilities were the main tasks. In the implementation design phase, detailed maps and various frost facilities were finally inspected. Since then, construction and supervision have been carried out in the order of progress. Forth, As for the contents to be improved in the future, the architect's ability, the designer's knowledge of the overall architecture, the design supervision system, and the expansion of time for the initial design process were answered.

A Study on Automatic Classification of Subject Headings Using BERT Model (BERT 모형을 이용한 주제명 자동 분류 연구)

  • Yong-Gu Lee
    • Journal of the Korean Society for Library and Information Science
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    • v.57 no.2
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    • pp.435-452
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    • 2023
  • This study experimented with automatic classification of subject headings using BERT-based transfer learning model, and analyzed its performance. This study analyzed the classification performance according to the main class of KDC classification and the category type of subject headings. Six datasets were constructed from Korean national bibliographies based on the frequency of the assignments of subject headings, and titles were used as classification features. As a result, classification performance showed values of 0.6059 and 0.5626 on the micro F1 and macro F1 score, respectively, in the dataset (1,539,076 records) containing 3,506 subject headings. In addition, classification performance by the main class of KDC classification showed good performance in the class General works, Natural science, Technology and Language, and low performance in Religion and Arts. As for the performance by the category type of the subject headings, the categories of plant, legal name and product name showed high performance, whereas national treasure/treasure category showed low performance. In a large dataset, the ratio of subject headings that cannot be assigned increases, resulting in a decrease in final performance, and improvement is needed to increase classification performance for low-frequency subject headings.

A Study on Records as an Act of Artistic Creation: Focusing on Archival Art (예술창작 행위로서의 기록에 대한 고찰 아카이브 아트를 중심으로)

  • Lee, Hosin
    • The Korean Journal of Archival Studies
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    • no.80
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    • pp.197-232
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    • 2024
  • This study aims to understand archival art, which is spreading in the art world, and to look at records in a new way. Archival art refers to the act of creating and exhibiting art using records as a medium of expression. Archival art is attracting attention as a method of exhibition and creation of works, forming a trend in contemporary art. Archival art was born amid changes in art creation methods resulting from the rise of conceptual art, the development of media including photography and advancements in digital technology, and the influence of Foucault and Derrida's discourse on archives. The encounter between archives and art, which originated from photographic aesthetics in the 1920s, led to archival turn in contemporary art in the 1990s, thanks to the spread of conceptual art, digital technology, and postmodernism. Archival art not only subverts traditional art creation methods, but also includes criticism and deconstruction of social systems, including modern archives. Archival art rearranges and reorganizes records according to the artist's intention, and even accepts fiction rather than fact. The essence of records in archival art is not the reproduction of the past, but the expression of present needs. The way records are utilized in archival art shakes up the concept of records in archival science, calling for a new look at records as objects with not only legal and administrative value but also aesthetic value.

A study on How to Improve the Work of Professional Landscape Construction in Preparation for the Reorganization of the Production System in the Construction Sector - Based on the Survey Results - (건설분야 생산체계 개편에 대비한 조경분야 전문공사업 업무 개선 방향 - 설문조사 결과를 중심으로 -)

  • Ahn, Myung June
    • Journal of the Korean Institute of Landscape Architecture
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    • v.52 no.3
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    • pp.33-45
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    • 2024
  • The government is promoting the reorganization of the construction indusrty under the theme of reorganizing the production system. However, it has been pointed out that this is contrary to the increasingly specialized and technical skills of the landscaping field. Therefore, it is urgent to respond to the construction industry integration policy and improve an appropriate work system and the content of the landscape field. Therefore, this study investigated the intention of the industry to reorganize the production system and the production structure of the landscape field, so that it can be used as a reference for future changes. As a result of the survey, 1) the perception of the reorganization policy is a highly requesting step-by-step promotion that reflects the industry's will, 2) the system is divided into generalization and specialization and is highly opposed to integration, 3) appropriate design and construction costs are the most important directions for improving landscape construction projects, and 4) reestablishing the relationship with related civil engineering works is important for improving detailed construction types. Overall, it was pointed out that the current specialized landscape construction does not sufficiently reflect the changing landscape business and is only appropriate for subcontractors in other industries. Therefore, it is necessary to promote policies that reflect this. In the long run, it is urgent to establish the status of landscape construction as an independent object, and it is necessary to supplement the legal system and change the industry accordingly.