• Title/Summary/Keyword: Public Control Point

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'Open Skies' Agreements and Access to the 'Single' European Sky;Legal and Economic Problems with the European Court of Justice's Judgment in 'Commission v. Germany'(2002) Striking Down the 'Nationality Clause' in the U.S.-German Agreement (항공(航空) 자유화(自由化)와 '단일(單一)' 유럽항공시장(航空市場) 접근(接近);유럽사법재판소(司法裁判所)의 미(美) ${\cdot}$ 독(獨) 항공운수협정(航空運輸協定)상 '국적요건(國籍要件)' 조항(條項)의 공동체법(共同體法)상 '내국민대우(內國民待遇)' 규정 위반(違反) 관련 '집행위원회(執行委員會) 대(對) 독일연방(獨逸聯邦)' 사건 판결(判決)(2002)의 문제점을 중심으로)

  • Park, Hyun-Jin
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.15 no.1
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    • pp.38-53
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    • 2007
  • In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

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A study on the contamination level of pathogenic microorganisms in beef distribution stages (소고기의 유통 단계별 병원성 미생물 오염도에 관한 연구)

  • 박성도;김용환;고바라다;김철희;윤병철;김조균
    • Korean Journal of Veterinary Service
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    • v.25 no.2
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    • pp.117-126
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    • 2002
  • Contamination levels of pathogenic microorganisms in 145 cases of beef, which were distributed in Gwangju province, had been investigated in each distributed stage and also monitored by general bacterial count and E coli count index. General bacterial count of beef from the slaughterhouse was 10$^4$cfu/g less than the level of promotion(10 cfu/$\textrm{cm}^2$) and E coli count index was also under the level of 10$^2$cfu/$\textrm{cm}^2$ recommended level of the ministry of agriculture and forestry. Pathogenic microorganisms were detected from 23.2% of samples in the consumption stage, 12.5% in the slaughtering stage and 5.6% in the transporting and processing stage. Staphylococcus aureus was isolated in the largest number and its ratio was 9.0%, listeria monocytogenes 5.5% and salmonella spp 1.4%. There were no samples that bacteria had been detected dually. E coli O157:H7 and campylobacter jejuni were not isolated. In raw and chilled beef, isolation rate of pathogenic microorganisms were 13.3% and 16.5% each. Especially in raw beef, L monocytogenes was. isolated in 3 samples among 30 cases (10%) and S aureus in one sample (3.3%). According to a scale of meat store, isolation rates of pathogenic microorganisms were different. It was 28.6% in the small-scale meat store and 16.7% in the large-scale meat store each. Four cases (16.7%) of S aureus were isolated in the large-scale meat store and seven cases (20.0%) of L monocytogenes and 2 cases (5.7%) of salmonella spp were isolated in the small-scale meat store. S aureus was isolated in two places among 10 feeding facilities of the elementary school. This result shows that the sanitation of elementary school feeding facilities is so poor and more careful policy consideration is needed. Eleven strains of S aureus isolated showed ${\beta}$-hemolysis on blood agar, 1 strain ${\alpha}$-hemolysis, and 1 strain ${\gamma}$-hemolysis. Isolated strains of L monocytogenes were reconfirmed in 560 bp by PCR. Conclusively, these results show that the sanitary condition in the stages of slaughtering, transportation-processing and consumption influences the degree of pathogenic microorganisms contamination in beef severely It is necessary to apply thoroughly hazard analysis critical control point in a process of beef distribution and also to develop rapid test methods for microorganism diagnosis. This effort is very important for the supply of safe and clean meat from farm to table and helpful for the improvement of public health.

A Study on Mastitis Infection Rate and Investigation of Milk Contamination Level by Measuring the Bacteria and Somatic Cell Counts in Gyunggi Area (京畿一圓 乳牛의 乳房炎 感染率과 原乳의 細菌 및 體細胞數 測定에 따른 乳質 汚染度에 관한 연구)

  • Eu, Byung Woo
    • Journal of Environmental Health Sciences
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    • v.11 no.2
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    • pp.41-54
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    • 1985
  • This study was conducted for the improvement of milk quality and milk hygiene in public health point of view. Investigation of mastiris infection rate, isolation and identification of causative microorganisms in CMT positive milk, investigation of milk contamination level by measuring the bacteria and soma tic cell counts and investigation of dairy management in farms were performed on 1.605 quarters milk of 434 cows of 20 dairy farms in Gyunggi-area from September 1983 to March 1984. The results were summarized as follows 1. Sixteen (3.7%) of 434 cows were found to be infected with clinical mastiris. 234 (53.9%) of 434 cows and 608(37.9%) of 1, 605 quarters were found to be infected with subclinical mastiris. 2. The causative microorganisms isolated were Staphylococcus aureus (38.3%), Staphylococcus epidermidis(21.0%), Micrococci(13.6%), Streptococcus spp. (12.3%), E. coli (7.4%), Fungus & Yeast (1.6%) and others (5.8%). 3. Total numbers of bacteria were $9.2{\times}10^6$ to $1.21{\times}10^7/ml$(av. $1.805{\times} 10^7/ml$), numbers of coliform bacteria were $4.1{\times} 10^5$ to $9.4{\times} 10^5$/ml(av. $7.05{\times} 10^5$/ml) and somatic cell counts were $4.8{\times} 10^5$ to $1.52{\times} 10^6$ cells/ml (av. $9.5{\times} 10^5$cells/ml) in bulk milk. 4. As comparing with CMT score of +, ++ and +++, somatic cell counts were $3.4{\times} 10^5$ to $1.64{\times} 10^6$ cells/ml (av. $6.41{\times} 10^5$cells/ml), $5.4{\times} 10^5$ to $2.75{\times} 10^6$ cells/ml(av. $1.762{\times} 10^6$cells/ml) and $1.97{\times} 10^6$ to $9.75{\times} 10^6$ cells/ml(av. $7.781{\times} 10^6$cells/ml), respectively. 5. In investigation on dairy management, performance of dry cow therapy, teat dipping after milking, disinfection of milking machine at every milking, replacement of milk liner within 6months and opportunity of acquirement for the mastiris control techniques by dairy education were 65%, 40%, 45%, 55% and 50% in 20 dairy farms, respectively.

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Cognition of registered nurse on emergency treatment for oral and maxillofacial injury in Jeju province (제주 지역 간호사의 구강 악안면 영역 손상에 대한 응급 처치 인식도)

  • Lee, Byoung-Jin;Song, Hyo-Jeong;Lim, Gil-Chai;Kahm, Se-Hoon;Kim, Sung-Joon
    • The Journal of the Korean dental association
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    • v.50 no.12
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    • pp.763-770
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    • 2012
  • The purposes of this work were to assess the cognition of the registered nurse(RN) on oral and maxillofacial emergency treatment and to compare cognition of the RN with that of the 119 emergency medical technician(EMT). 450 RNs who were working at each of secondary hospitals in Jeju province had responded to the questionnaire. Independent sample t-test and chi-square test were used to assess the state of RN on dental emergency treatment and to compare RN with EMT. The question 'education time on dentistry in formal education' that marked '0 hour' and '1-3 hours' were 73.3% and 20.0%, respectively. The question 'refresher training class on dentistry' that marked '0 hour' and '1-3 hours' were 92.9% and 6.7%, aggregately 99.6%. The results showed low score in the question 'reduction of temporo-mandibular joint(TMJ)'($1.67{\pm}0.857$), 'fixation of dislocated TMJ'($1.70{\pm}0.853$) and 'post-avulsed tooth treatment'($1.78{\pm}0.774$) by 5-point Likert scale. Likewise, the scores were $2.02{\pm}0.806$ in the question 'treatment of maxillofacial trauma', $2.76{\pm}1.061$ in the question 'emergent care of avulsed tooth', $2.70{\pm}1.095$ in the question 'treatment time of avulsed tooth' and $2.79{\pm}1.056$ in the question 'mouth guard', respectively. Compared to EMT, results of RN showed a statistically lower figure(p<0.05) in all items compared except the question 'medicine control', and the question 'doctor care in emergency room' was borderline(p=0.069). From this study, it is necessary for RN and student of nursing science to be educated on the oral and maxillofacial emergency treatment for the initial management of injuries. Authors suggest further co-study and nation-wide research with nursing care.

A Study on the Improving Management Method for the Small Projects Applying Senior Construction Engineer (고령 건설기술자를 활용한 소규모공사의 공사관리방법 개선에 관한 연구)

  • Song Jin-Woo;Lee Sang-Beom
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.305-310
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    • 2004
  • The building below standard scales to be built only by constructive report to authorities. Construction law 8 illustrates that supervision should be deployed in all the construction sites at the building which is found to have more than 3 floors and also to have more than $200m^2$ of total squares in especially outside area of city plan zone. Such a small construction is have a important and the most basic meaning. Many problems were found to occur in all the constructive places which were out of the limit of this law. The construction sites were found to be controlled by public official's visiting without supervisors and designers of architecture. Technique of construction in architecture was found to be not different from that of 1980. The security of employees in construction on sites has a serious problem. Because of choosing all the materials of the building without a reasonable point. All the building were found to have a law material about inside and outside aspects. The purpose of this study are to examine existing law about a small project and than to analyze the situation of constructive control through questionnaires and interviews with all the supervisors. Based on the data base of engineers who had a great experience in construction sites, The purpose of this study is also to suggest and advise the method of controlling all the items in architecture through on and off line.

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Exploring Multidimensional Public Health Data Using Self Organizing Map and GIS (자기조직화지도와 GIS를 이용한 다차원 공중보건자료의 탐구적 분석)

  • Sohn, Chul
    • Spatial Information Research
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    • v.20 no.6
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    • pp.23-32
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    • 2012
  • This study applied an exploratory analysis based on Self Organizing Map and GIS to cause specific age-standardized regional death rates data related to ten types of male cancers to find meaning patterns in the data. Then the patterns revealed from the exploratory analysis was evaluated to investigate possible relationship between these patterns and regional socio-economic status represented by regional educational attainment levels of head of household. The results from this analysis show that SI-GUN-GUs in Korea can be clustered to eighteen unique clusters in the stand point of male cancer death rates and these clusters are also spatially clustered. Also, the results reveal that regions with higher socio-economic status show lower level of the death rates compared with the regions with lower socio-economic status. However, for some cancer types, the regions with higher socio-economic status show relatively higher death rates. These patterns imply that the prevention, detection, and treatment of male cancers might be strongly affected by regional factors such as socio-economic status, environmental factors, and cultures and norms in Korea. Especially, one of the eighteen clusters, which includes Gangnam-Gu and Seocho-Gu, shows lower death rates in many of male cancer types. This implies that socio-economic status may be one of the most influential factors for regional cancer control.

A Case Study on BSC System Implementation of Korea Minting & Security Printing Corporation (한국조폐공사 BSC 시스템 구축 사례)

  • Lee, Choong-Seop
    • Information Systems Review
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    • v.9 no.1
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    • pp.191-214
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    • 2007
  • This study analyzes the process of establishing BSC based strategic performance evaluation system of KOMSCO. This case could be a reference to other public institutes for BSC introduction and efficient BSC usage. Internal control system of KOMSCO has been improved by EVA system in 1999, BSC introduction and Job analysis in 2001 through 2002, and BSC performance evaluation system in 2004. KOMSCO tries to reflect BSC concept by inducing employees to cooperate selection process of CSF and KPI and by considering the organizational characteristics of KOMSCO in constructing it's performance indices. It is suggested that these processes are very important and should be followed by other institutes in their BSC introduction. By applying BSC, KOMSCO provides improvement in employees' understanding of strategy, performance management, and performance evaluation. KOMSCO' information system based on ERP and efficiently connected to EIS, KMS, and BSC seems to play an important role of BSC application. BSC system of KOMSCO is now in the early stage of application and needs to be evaluated by the efficiency of usage in terms of overall performance evaluation system, deduction system of evaluation point for excess accomplishment over target, and connection to budget system.

The Effects of Fiscal Decentralization on Social Overhead Capital Investment (재정분권화가 사회간접자본 투자에 미치는 영향)

  • Kim, Yong-Wook
    • Journal of the Korean Regional Science Association
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    • v.34 no.1
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    • pp.19-30
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    • 2018
  • Social overhead capital(SOC) is an essential element for society to be developed and operated normally. In spite of the increase in the importance of SOC, It is difficult to present the criteria for the appropriate investment of SOC. and The discussion on making SOC investments of local government is insufficient. If the local autonomy has been guaranteed, local government increases investment in regional public goods that residents prefer. Reflection of such residents preferences is the driving force to bring the efficiency of resource allocation in the decentralization theorem. In this study, the authority and autonomy of local governments are measured through local finance. and the decision-making of local governments for SOC investment is examined in point of decentralization theorem. In the empirical analysis, the elasticities of fiscal resources are estimated for facilities(road, water and sewage, irrigation canal and flood control) that local governments are involved in investment. These decisions made by metropolitan cities and provinces were different. The difference was most evident in the effect of per capita local tax on investment. These results show that metropolitan cities and provinces that have different situation made investment decisions differently. It shows that local governments reflect the preferences of the residents in making an investment. The main implication of this study is as follow. In case the role of local government in social overhead capital investment is increased, the increase in efficiency of resource allocation occurs. and The fiscal resources must be raised by local taxes rather than the financial resources from the central government.

The Empirical Research on Tax Effect with the Cooperate Conversion of Private Company (개인기업의 법인전환에 따른 세무효익 연구)

  • Lee Jae-Sung;Seo Il
    • Management & Information Systems Review
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    • v.7
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    • pp.401-426
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    • 2001
  • The form of company divides private and coporate companies. In general. private company has direct connection with owner's fortunes. On the contrary, cooperate company is established by a group of people who invest capital funds on their company and has an independent character. In the case of private company, their are many merits that owner can obtain all the benefits without divisions. However, the owner can mix up the control of accounting between public and private matters. As a result confusing, it is difficult to estimate financial situation of company and is limited to fund supply. Futhermore, owner has unlimited liabilities with law credit as a social cognition. Especially, the government tries to induce conversion of private company into cooperation one on the basis of benefits of tax and so on. In those situations, the purpose of this thesis is to study the management benefits with the conversion of private company into cooperate one focucing on the related tax reduction effect. To do this, I have reviewed all of the related textual achievements and tested the real significancy of tax reduction effect of conversion empirically. Finally, I have concluded that the conversion of private company into coporate one has many benefits including significant tax reduction effect. In other side, I have considered and reviewed many difficulties related conversion privated company into cooperate one and suggested some improvements as results. This thesis is comprises 5 chapters as follows; The first chapter explains purposes and methodologies and extents of this study. The second chapter deals the theoretical basis of conversion of private company into cooperate one and cooperates diverse benefits and types and processes of conversion. The preceding research achievements are also reviewed in this chapter. The third chapter deals empirical testing on the real tax reduction effect of the conversion. The analysis is proceeded through t-test of difference of tax between pre and after conversion. The result is presented so positively that I can conclude that cooperate conversion of private company has real benefit of tax reduction. The forth chapter deals the difficulties and improvements related with conversion. They are considered and reviewed at various aspects such as practical, financial and tax aspect. In fifth chapter, I summarise all of the significant points of this study and have conclusions in various aspects at last. In final point, this study is not enough in sample numbers and sample collecting area for empirical testing of significant tax reduction effect of cooperate conversion and research of more foreign achievements. Those are remained as continuing future studies.

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Implementation of a DB-Based Virtual File System for Lightweight IoT Clouds (경량 사물 인터넷 클라우드를 위한 DB 기반 가상 파일 시스템 구현)

  • Lee, Hyung-Bong;Kwon, Ki-Hyeon
    • KIPS Transactions on Computer and Communication Systems
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    • v.3 no.10
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    • pp.311-322
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    • 2014
  • IoT(Internet of Things) is a concept of connected internet pursuing direct access to devices or sensors in fused environment of personal, industrial and public area. In IoT environment, it is possible to access realtime data, and the data format and topology of devices are diverse. Also, there are bidirectional communications between users and devices to control actuators in IoT. In this point, IoT is different from the conventional internet in which data are produced by human desktops and gathered in server systems by way of one-sided simple internet communications. For the cloud or portal service of IoT, there should be a file management framework supporting systematic naming service and unified data access interface encompassing the variety of IoT things. This paper implements a DB-based virtual file system maintaining attributes of IoT things in a UNIX-styled file system view. Users who logged in the virtual shell are able to explore IoT things by navigating the virtual file system, and able to access IoT things directly via UNIX-styled file I O APIs. The implemented virtual file system is lightweight and flexible because it maintains only directory structure and descriptors for the distributed IoT things. The result of a test for the virtual shell primitives such as mkdir() or chdir() shows the smooth functionality of the virtual file system, Also, the exploring performance of the file system is better than that of Window file system in case of adopting a simple directory cache mechanism.