• Title/Summary/Keyword: Liability Critical

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AN ASSESSMENT SYSTEM OF ECO-FRIENDLINESS OF CONSTRUCTED FACILITY IN THE DESIGN PHASE USING VALUE ENGINEERING

  • Byung-Soo, Kim;Dong-Eun, Lee;Suk-Hyun, Kwon;Min-Kwon, Choe
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.1625-1629
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    • 2009
  • The new paradigm called 'Low Carbon Green Growth' involved in reducing greenhouse gas is on the rise as a critical issue worldwide. The essential of Kyoto protocol issued in 1997 is to achieve the sustainable economic growth environments by converting existing production system to eco-friendly one. The protocol imposes the liability to reduce greenhouse gas to the countries joined to it. The paradigm is directly involved in the energy consumption and environmental pollution caused by construction activities. Value Engineering which are mainly applied in the design phase in practice is a measure to improve the value of a constructed facility by analyzing and/or appraising the functions and costs of it. However, an appropriate method which assesses eco-friendliness of constructed facility has not been propose by researchers. This paper proposes a method which assesses the performance involved in eco-friendliness of constructed facility using Value Engineering (VE) in the design phase. The method estimates the environmental cost relative to the amounts of energy consumption and environmental pollution occurred over the entire project life cycle. The database called "Life Cycle Inventory DB", which stores information about the amounts of environmental pollution, is used. The algorithm which retrieves the amounts of environmental pollutions from the DB and converts them into environmental costs is developed. The algorithm is implemented into a system which quantifies the eco-friendliness of constructed facility in the design phase using VE.

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Critical Assessment of Programme-Based Conflict Resolution Model Applied to Multiple Stakeholders Within The Context of Industrialized Building Production and Life Cycle Supply Chain System

  • Tanaka, Koji
    • International conference on construction engineering and project management
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    • 2022.06a
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    • pp.551-562
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    • 2022
  • The building production system has been analysed by the dichotomy "employer-contractor" relationship, which failed to take into account of the role and function of multiple stakeholders within the life-cycle supply chain. This is further observed in the current conflict resolution model, which, in my argument, struggles to contribute to industrialize the building production and achieve better efficiency and effectiveness as expected. The purpose of this paper is to critically assess the issues of current programme-based conflict resolution model, and discuss alternative models how they can be modelled and applied to the construction projects. The conclusions of findings are; First, the current model is framed around the contracts and dispute resolutions based on the legal concept of "claimant and respondent" where one party(s) advances a claim once and the other(s) objects, as such it fails to reflect the nature of construction projects where multiple stakeholders are involved concurrently and for a long period of life-cycle of buildings. Second, an alternative is "Six-stakeholders model" which represents the multiple stakeholders and clarifies the flow of obligation-liability-monetary relationships among participants for a long period of life-cycle of buildings. Further, with reference to both historical and recent cases, a reflection and insight into pros and cons of programming method is added, especially as to why this method is considered to have become a mandate of the modern construction management, and how academics and practitioners should deal with it more cautiously and prudently.

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CONSTRUCTION DEFECTS AND MONETARY RETENTIONS IN CONSTRUCTION PROJECT: A REVIEW OF CASE LAW

  • Priyanka Raina;John Tookey
    • International conference on construction engineering and project management
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    • 2011.02a
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    • pp.629-635
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    • 2011
  • Retentions are generally considered to be intended to act as a powerful tool to incentivize contractors/subcontractors to remedy defective work in cases of non-performance. This study attempts to establish the extent to which retentions can be used for this purpose by investigating case law connected with insurance and defective work. One of the significant questions is whether retentions are sufficient to deal with construction defects or value of retentions in the rectification of defects is illusory. The cost to repair a defect may vary depending on a number of components including type, cause, magnitude and the construction stage at which the defect occurs. It is expected that a review of existing cases on defective workmanship will provide an insight on the issues and whether retentions are effective in their intended function. In order to establish their functionality, the study described in this paper investigated 6 construction insurance cases to identify the critical issues and the causes of dispute. It was found that the nature and the cause of defects were different in each case. It was also established that certain defect types not covered by insurance may be covered by retentions - potentially one of the key uses of a retention strategy. It is expected that the findings will assist in forming a view on the quantum of money that may be required paving the way for a first time understanding on a rational basis for setting up retention regime.

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Lodging Liability and Response to Paclobutrazol Application of High Eating Quality Japonica Rice Varieties (밥맛이 좋은 Japonica 벼 품종들의 도복저항성과 도복경감제 paclobutrazol에 대한 반응)

  • Lee, Eun-Woong;Kwon, Yong-Woong;Soh, Chang-Ho
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.32 no.2
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    • pp.224-233
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    • 1987
  • Most of the japonica rice varieties preferred for high eating quality are liable to lodging even under moderate rate of nitrogen application. This lodging liability has been a critical limit even for proper evaluation of physio-logical characteristics of those varieties exhibitable under higher nitrogen levels. Use of recent inhibitors of gibberellin biosynthesis such as ‘Pac1obutrazol’ may allow us to overcome this barrier. The responses of four high eating quality varieties to nitrogen application to the level of 150kg N per ha were evaluated with and without use of Paclobutrazol in comparison with a non-lodging, improved short japonica, Dongjin and a non-lodging, high yielding indica x japonica Milyang 23. The four were Damageum (the best eating quality in the 1930s), Nongrim 6 (the best in the 1960s), Chuchung (the best since 1970s), Koshihikari (the best in Japan since 1960s). As expected increased application of nitrogen increased plant height, length of the 3rd internode, and lodg-ing liability, being measured as culm breaking load, in all varieties tested and caused actual lodging in the fiel from the 50kg Nfha level in Damageum and Koshihikari and at the level of l50kg Nfha in Nongrim 6. Applica-tion of Pac1obutrazol (0.6%G) 15 days before heading reduced plant height, length of the 3rd internode and lodging liability being measured as culm breaking load in all varieties tested. However, the application of Pac1obutrazol during active tillering stage resulted in decreased culm breaking load in Damageum, Nongrim 6, and Koshihikari in spite of the decreased plant height and culm length as in the other varieties. Maximum yield was obtained with 100kg Nand 30kg Pac1obutrazol at 15 days before heading in Nongrim 6, 150kg N and 30kg Pac1obutrazol at 15 days before heading in Damageum, and 150kg N and 20kg Paclobutrazol at 20 days after transplanting plus 30kg Paclobutrazol at 15 days before heading in the variety Koshinhikari and Chuchung. Under a sensory evaluation of cooked rice, the four high eating quality varieties were not different in rank and Paclobutrazol treated rice was not distinguished from the untreated in eating quality.

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The Clinical Trial of Terminal Cancer Patients and The Nature of Self-Determination of The Subject (말기 암 환자에 대한 임상시험과 피험자의 자기결정권의 본질)

  • Song, Young-Min
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.211-237
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    • 2014
  • Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

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Domestic and Foreign literature review of Dental Accidents and Malpractice claims (치과의료사고 및 분쟁에 대한 국내·외 문헌고찰)

  • Kim, Myeng Ki;Cho, Han A;Lee, Jin-han
    • The Journal of the Korean dental association
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    • v.53 no.2
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    • pp.82-95
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    • 2015
  • Background: Interest in medical malpractice claims and accidents is a day-to-day social issue to general public as well as medical personnel. Related laws and regulations already have been established, and institutions based on the laws and regulations also have been founded. However, in our dental community, interest and response to the issue seem insufficient. Methods: We searched four medical literature databases that are mainly cited in the medical community. Keywords including 'dental malpractice claims', 'patient safety' and 'medical accident' were used for the search. Among the selected literatures, we chose specific ones separately whose content is authentic and easily approachable. Results: Medical malpractice claims and accidents tend to increase around the world. As the cost or the difficulty level of surgery increases, the dispute rate also increases, which appears even more apparent in developed countries. Preventive measures to prevent the disputes and accidents are not significantly different. Three critical of them include relationship of doctor with patient, the informed consent and medical record. Conclusion: Tools for accident occurrence or communication improvement have been introduced. All of those cost time and money. However, education or professional request of liability insurance companies, self-education and provision of guidelines can be immediately implemented. To implement those, dentists' promotion at the regional or national level is imperative. rhBMP-2 is widely used at sinus augmentation, alveolar bone defect, and socket preservation.

Morale enhancing determination model of information security (정보보호 사기진작 결정모델 연구)

  • Kim, Kyongwon;Lim, Jong In;Lee, Kyung-Ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.25 no.4
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    • pp.889-903
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    • 2015
  • As the number of recent information security incident occurrence increases, more and more workload and liability pressure are given to info-security professionals, which results in decrease of morale level of working groups in the field. In order to solve this problem, Korean government is providing various action plans to improve the morale level of info-security professionals, and also requiring financial companies to submit its own action plan of increasing morale of info-security professionals to Financial Service Agency. For this study, based on the previous studies and relevant professionals' interviews, we selected 16 critical morale increase variables, and performed survey for empirical analysis. As a result, 3 features; role, system, and relationship were presented as the main factor of morale increasement of info-security professionals. This study also suggests a decision making method of utilizing the developed morale measurement model for individual organizations.

Rakhine Muslims(Rohingya) Dilemma Revisited: The Background and Causes of Religio-Ethnic Conflict (미얀마 여카잉 무슬림(로힝자)의 딜레마 재고(再考): 종교기반 종족분쟁의 배경과 원인)

  • PARK, Jang Sik
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.235-276
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    • 2013
  • Recent incidents of lethal violence in the Rakhine State of Myanmar between the majority Buddhist Rakhine and the Muslim Rohingya have been the source of much concern for the international community. Unlike the past, the killings and incendiary attacks by both communities have intensified to a critical level, proving to be a great liability for the forward-thinking Myanmar government, whose recent transition to civilian rule after a long military one has made it eager to move on. The roots of the conflict trace back to the military regime, who branded the Rohingyas living in Rakhine state as illegal immigrants and refused to confer upon them official recognition as Myanmar citizens. The discord then moved to an ethnic conflict, pitting the Rohingya not merely against the Myanmar government but rather the majority Buddhist Rakhine. The conflict, as it has developed into the present, is an immensely complicated one that simultaneously encompasses ethnic and religious issues, all intertwined together. This study aims to see how the two ethnic groups have come to resort to such violence, despite having lived in each other's presence for many centuries, and why the violence persists. It will attempt to reconcile the fact that Rakhine had historically been a place of convergence for two groups, the Buddhist Rakhine and the Rakhine Muslim(the Rohingya). Based on the argument, this study also seeks to uncover, identify, and understand the Rohingya identity with the extreme arguments exhibited by both sides, and from there, locate the underlying causes of the greater religio-ethnic conflict in Rakhine that has so ravaged the place as of recent.

MAGIC: GALILEO and SBAS Services in a Nutshell

  • Zarraoa, N.;Tajdine, A.;Caro, J.;Alcantarilla, I.;Porras, D.
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • v.1
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    • pp.27-31
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    • 2006
  • GNSS Services and Applications are today in permanent evolution in all the market sectors. This evolution comprises: ${\bullet}$ New constellations and systems, being GALILEO probably the most relevant example, but not the only one, as other regions of the world also dwell into developing their own elements (e.g. the Chinese Beidou system). ${\bullet}$ Modernisation of existing systems, as is the case of GPS and GLONASS ${\bullet}$ New Augmentation services, WAAS, EGNOS, MSAS, GRAS, GAGAN, and many initiatives from other regions of the world ${\bullet}$ Safety of Life services based on the provision of integrity and reliability of the navigation solutions through SBAS and GBAS systems, for aeronautical or maritime applications ${\bullet}$ New Professional applications, based on the unprecedented accuracies and integrity of the positioning and timing solutions of the new navigation systems with examples in science (geodesy, geophysics), Civil engineering (surveying, construction works), Transportation (fleet management, road tolling) and many others. ${\bullet}$ New Mass-market applications based on cheap and simple GNSS receivers providing accurate (meterlevel) solutions for daily personal navigation and information needs. Being on top of this evolving market requires an active participation on the key elements that drive the GNSS development. Early access to the new GNSS signals and services and appropriate testing facilities are critical to be able to reach a good market position in time before the next evolution, and this is usually accessible only to the large system developers as the US, Europe or Japan. Jumping into this league of GNSS developers requires a large investment and a significant development of technology, which may not be at range for all regions of the world. Bearing in mind this situation, MAGIC appears as a concept initiated by a small region within Europe with the purpose of fostering and supporting the development of advanced applications for the new services that can be enabled by the advent of SBAS systems and GALILEO. MAGIC is a low cost platform based on the application of technology developed within the EGNOS project (the SBAS system in Europe), which encompasses the capacity of providing real time EGNOS and, in the near future, GALILEO-like integrity services. MAGIC is designed to be a testing platform for safety of life and liability critical applications, as well as a provider of operational services for the transport or professional sectors in its region of application. This paper will present in detail the MAGIC concept, the status of development of the system within the Madrid region in Spain, the results of the first on-field demonstrations and the immediate plans for deployment and expansion into a complete SBAS+GALILEO regional augmentation system.

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Elementary School Dietitian's Awareness and Performance of Food Supply Management in Gyeonggi North Province (경기 북부 지역 초등학교 영양사의 식자재 공급관리에 대한 인식도 및 실천도)

  • Eo, Geum-Hee;Park, Young-Sim
    • The Korean Journal of Food And Nutrition
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    • v.21 no.4
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    • pp.562-571
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    • 2008
  • The principal objective of this study was to assess dietitian's awareness and performance with regard to food suppliers' selection guidelines and purchase guidelines for the receipt of safe food materials. A questionnaire was administered to 203 dietitians working at an elementary school in Gyeonggi North province, and 190 responses were ultimately returned. Excluding responses with incomplete answers and significant missing data, 161 responses(79.3%) were ultimately utilized for data analysis. We determined that meat/poulty and seafood were purchased mainly by manufacturer's branch(59.8% and 78.3%), and processed food and kimchi were generally purchased by producer's cooperatives(47.7% and 44.9%). 78.3% of the contracts were made via informal purchasing and the frequency of contracts was less than 3 times per year(53.4%). Market studies were conducted individually(54.7%), and by group(47.2%). Dietitian and parents volunteered(50.3%) or dietitians, and school and foodservice staffs(45.3%) participated - together in receiving and inspection. School contracted with $4{\sim}5$(39.1%) and $6{\sim}8$ food suppliers(29.8%). Dietitians(42.3%) or school councils(40.2%) evaluated food suppliers once per semester(60.2%). The majority of dietitians(96.3%) conducted sanitary education for food suppliers once per semester (68.3%). All 13 guidelines which were usually used to evaluate food suppliers were thought to be important(more than 4) based on a 5 scale(1: never important, 5: very important). Among them, 'sanitary storage status of food products(4.85)', 'have a chill car(4.83)' and 'proper control of refrigerator, freezer and storage room(4.81)' were the most crucial guidelines. As dietitians evaluated food supplier's-observances of 13 guidelines, 'have a chill car(4.89)', 'hold medical examination of employees(4.89)' and 'hold liability insurance for handling product(4.80)' were fulfilled relatively well. The guidelines for conducting education for their employees(4.45) and keeping their establishment and equipment sanitary(4.79) were important, but were not observed well(3.39 and 3.37). Additionally, the difference between the importance and the observance score of the 'HACCP certificate' were fairly significant(4.44 and 3.54). Dietitians tended to report that purchasing management related to the removal of foodborne illness factors(4.71), return confirmation(4.50) and purchase specification(4.32) were important. The difference between importance and performance was highest in the process of changing food suppliers when the contracts were violated more than three times. Dietitian's age, education work experience and employment type had no observable effects on how important they considered purchase management to be, but their work experience significantly affected performance in terms of the removal of foodborne illness factors(p<0.05). As supplier management is the most critical factor, it is clearly desirable to educate suppliers at specialized training centers and to supervise suppliers in accordance with the established sanitary guidelines.