• Title/Summary/Keyword: Systematic review.

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A Comparative Study on the Buyer's Right to Withhold Performance for the Seller's Delivery of Defective Goods and Documents in International Sales within the CISG, English law and Korean law

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.251-293
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    • 2002
  • The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

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The Development and Application of Landscape Ecological Planning Model based on Biotop Mapping - A Case study of Large Residential Land Development Area - (비오톱 지도를 토대로 한 경관생태계획 모형개발과 적용 - 대규모 택지개발 예정지를 대상으로 -)

  • Ra, Jung-Hwa;Cho, Hyun-Ju;Kim, Jin-Hyo;Kwon, Oh-Sung
    • Journal of Korean Society of Rural Planning
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    • v.19 no.4
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    • pp.17-32
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    • 2013
  • Reckless development policy, which has continued during the past several decades, caused landscape damage. In order to solve this problem, it is very urgent to conserve the habitat and to establish systematic database. Recently, various researches related to landscape damage have been conducted actively and the necessity of landscape ecological planning based on the biotop mapping has been issued as one of the solutions. Therefore, the purpose of this study is to select the study area, which is located in Guji-meon, Dalseong-gun, Daegu and will be formed into Daegu Science Park, and then to develop and apply the landscape ecological planning model based on biotop mapping in district unit. The results are as follows. Fist of all, according to the results of biotop classification with field survey and literature review, total 13 biotop and total 63 biotop types were classified. According to the first evaluation with B-VAT, total 19 biotop types were classified I grade including natural river with abundant plants(BA) and so on. While V grade, which has lowest value, was classified 16 biotop types including vegetable garden adjacent to river(BC). Also the second evaluation, we analyzed total 30 areas such as 1a, 1b grades, which had special meaning for the conservation of species and biotop. Next, 2a, 2b, 2c grades were analyzed total 82 areas. Secondly, in the compliance with Ecological landscape planning, we divided landscape planning model into two parts such as setting of improvement goal and detailed implement plan. For instance, setting of improvement goal, we classified 9 parts such as conservation region and parts of detailed implement plan, we classified total 28 planning indicators with 4 view such as the region which should be special protected from nature and landscape. Lastly, with the developed landscape model we applied to research areas, made maps, and differentiate proposals in each region. Specially, the final master plan was made to help understand the contents of detailed landscape planning. This study will be a useful data, which can solve the landscape damage problem systematically and control it landscape-friendly with biotop classification, evaluation, landscape ecological planning model, and application method which we developed.

A Study on the educational program model for the citizens on patrol (시민자율방범 교육프로그램 개발에 관한 연구)

  • Kang, Yong-Gil
    • Korean Security Journal
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    • no.39
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    • pp.63-93
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    • 2014
  • The importance of citizen as a key of community safety has increased, and the legislation to support the citizen's activities is continued. However systematic and detailed action plans are not enough to something. Thus, the purpose of this research is to develop the educational program model for the citizens on patrol for the improvement of practical use. The methods of this research are to make and suggest the educational program for citizens on patrol by literature review and cases analysis of educational program implemented one years ago. The findings are suggested as belows. First, the learners need the contents can be practically used in the field and sufficient time of education. Second, the subgoal to achieve the ultimate goal of education program model should be established as 'customer-centered, field-oriented, competence reinforcement', and driving strategy must be composed of four stages as plan-design-implementation-evaluation. Also, for strategy of each stage, detailed sub-strategies from preparation to execution of education have to be considered. Third, education program must be categorized by basic-intermediate-expert courses depending on the level of learners, and theoretically and practically oriented curriculum subjects are organized in balance by each course.

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Literature Review of Key Success Factors of Management Innovation Actions in Domestic - Focused on Six Sigma, TQM, Lean Six Sigma, ERP, TPM, BPR, Project Management, System Engineering - (국내 경영혁신 활동의 핵심 성공요인 문헌 연구 - 6시그마, TQM, 린 6시그마, ERP, TPM, BPR, Project Management, System Engineering 중심으로 -)

  • Mun, JeOk;Yoon, SungPil
    • Journal of Korean Society for Quality Management
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    • v.44 no.3
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    • pp.639-648
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    • 2016
  • Purpose: Existing precedent studies include success factors of individual management innovation activities constantly. However, those studies have limitations about the common key success factors of individual management innovation activities. Methods: For this study, we investigate the key success factors using literature research of the most typical management innovation activities adopted and implemented by many companies in Korea, such as 6sigma, TQM, Lean 6sigma, ERP, TPM, BPR, Project Management, System Engineering. Factors emerging repeatedly was combined into common factors and inherent factors that are necessary for the success of individual management innovation activities are designated to essential factors. Results: 'Essential factors for Six Sigma' consist of 5 items. Black belt operating system, personnel management system linkage, the correct management of the data, perform improvement projects associated with financial performance financial result, linked to financial performance improvement project, project progress management. 'Essential factors of TQM' are arranged 4 items. Quality team's independence and role, goal-setting, Quality Information System, corporate's philosophy of quality first. 'Essential factors of Lean Six Sigma' are the selection of value stream which is based on the customer needs and the value creation and identify the project based on the selected value in the company. 'Essential factors of ERP' are investigated 6 items. Ongoing system maintenance and upgrades, the measurement and support of user satisfaction, the operating systems and the policies for the maintenance, IT infrastructure, change adaption condition monitoring, focusing on improving business performance. 'Essential factors for TPM' are arranged 4 items. Motivated and energetic Bottom-Up, CEO's recognition of the importance facility management, long-term perspective of necessity and ongoing patience. 'Essential factors for BPR' are the pursuit of change process and the staff's sense of crisis management. 'Essential factors for Project Management' are the strategy that reduce the risk management skills through risk management and the understanding and organized management for the project participant's needs. 'Essential factors for System Engineering' consist of 2 items. The first is the design for the best balanced system with pre-analysis about the compromise the cost, schedule and the performance. The second is the analysis of large problem into small problems which can solved. We have found the solution considering components of the interface through the systematic perspective. Conclusion: Common factors and essential factors presented in this study will properly help to introduce the individual management innovation activities for the each business sector and implement management innovation. After this study, new literature research that reflect new studies should accomplish steadily.

A Study on the Concept of Meaningful Activity for the Elderly and the Evaluation of Participation: Research Trends and Prospect for Utilization (노인의 의미 있는 활동의 개념과 참여 평가에 관한 고찰: 연구경향과 활용 전망)

  • Park, Da Sol;Park, Hae Yean
    • Therapeutic Science for Rehabilitation
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    • v.9 no.4
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    • pp.83-93
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    • 2020
  • Objective : This study was designed to analyze the concepts of current use and meaningful activity in the elderly and provide basic data on establishing concept of participation in meaningful activity and clinical applications. Methods : Using RISS, Google Scholar, Published and DBpia databases, the literature published in the journal was collected from January 2010 to July 2019. The main search term used was "meaningful activity" and 10 of the 182 papers were finally selected for analysis. Based on the qualitative level assessment study by Arbesman, Scheer and Lieberman (2008), the selected paper were classified as Level I to Level V. Results : Five out of 10 studies were published within the last 5 years, indicating that meaningful activity-related studies have been conducted recently. Through prior studies, the concept of meaningful activities was summarized as those that enable individuals to realize their values, achieve their goals and experience positive emotions in their daily lives. Conclusion : The concepts and direction of assessment tools derived from this study will be the basis for the study of 'meaningful activity participation' as a solution to the aging society's elderly problems in the future.

A Study on the Method of Energy Evaluation in Water Supply Networks (상수관망의 에너지 평가기법에 관한 연구)

  • Kim, Seong-Won;Kim, Dohwan;Choi, Doo Yong;Kim, Juhwan
    • Journal of Korea Water Resources Association
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    • v.46 no.7
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    • pp.745-754
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    • 2013
  • The systematic analysis and evaluation of required energy in the processes of drinking water production and supply have attracted considerable interest considering the need to overcome electricity shortage and control greenhouse gas emissions. On the basis of a review of existing research results, a practical method is developed in this study for evaluating energy in water supply networks. The proposed method can be applied to real water supply systems. A model based on the proposed method is developed by combining the hydraulic analysis results that are obtained using the EPANET2 software with a mathematical energy model on the MATLAB platform. It is suggested that performance indicators can evaluate the inherent efficiency of water supply facilities as well as their operational efficiency depending on the pipeline layout, pipe condition, and leakage level. The developed model is validated by applying it to virtual and real water supply systems. It is expected that the management of electric power demand on the peak time of water supply and the planning of an energy-efficient water supply system can be effectively achieved by the optimal management of energy by the proposed method in this study.

A Study on 3D Visualization Strategy of Cadastral Spatial Information (지적공간정보의 3차원 가시화 방안 연구)

  • Kim, Jae In;Kim, Tae Jung;Bae, Sang Keun;Jeong, Dong Hoon
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.32 no.spc4_2
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    • pp.413-420
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    • 2014
  • Cadastral spatial information closely related to ownership of people is potentially very valuable information. As 3D cadastre has been actively discussed to reflect realistic living territory and legal relationship in recent years, it is highly expected to be created added value before long using that information. However, in aspect of visualization that performs an important function for decision making by facilitating intuitive thinking about spatial information, systematic solution has not been suggested to visualize the cadastral spatial information on a map with existing 3D spatial information. For that reason, in this paper, visualization method was proposed to integrate the cadastral spatial information with the existing information effectively. Requirements for 3D cadastral spatial information system were drawn based on literature review, and then specific visualization method was established by constructing user scenarios. Research results of this paper are highly expected to be applied to the integration work with the existing 3D information on a spatial information open platform.

The Economic Impact of Contaminated and Noxious Sites : A Meta Analysis (오염-유해시설의 경제적 영향 : 메타분석)

  • Won, Doo Hwan
    • Environmental and Resource Economics Review
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    • v.17 no.1
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    • pp.165-196
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    • 2008
  • This paper reports a quantitative meta analysis of the economic impacts of localized noxious and contaminated sites. Using either hedonic property value or stated preference methods, economists have studied the effects of contamination or noxious activities, or the benefits realized from their elimination, on real estate prices at more than 40 sites. In support of wise public and private investments in environmental quality, most of these studies aim to inform decision makers about the benefits of remediation and cleanup. Their results vary considerably, but there has been no previous systematic effort to analyze the differences and identify shared insights. This study uses established methods of meta analysis to identify points of agreement and differences in this body of literature. The studies are characterized by the type of site, modeling approach, geographic extent of impacts, data features, and other key factors that underlie their value estimates. The impact estimates are normalized as proportional effects on property values. This study attempts to discover whether the estimated economic impacts of contamination or noxious activity differ according to these characteristics of the studies, and whether anything general can be said about the economic consequences of site contamination and remediation. Bivariate, multivariate, and logit techniques are applied to the data. The results suggest that the property value is the most sensitive to water base contamination, published case studies result in systematically greater environmental value than those in unpublished reports, and real estate markets show responses to environmental condition changes.

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Economic Evaluation System for Deteriorated Military Facilities (노후 군시설물의 경제성 평가 시스템)

  • Jang, Won-Suk;Lim, Tae-Kyung;Lee, Dong-Eun
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.2
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    • pp.181-192
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    • 2013
  • Given both structural safety and economic benefits of aging facilities, remodelling of the existing facilities is preferable to reconstruction. This recognition provides an opportunity to reduce the commitment of resources and national budget. However, when a subordinate troop asks for remodeling or reconstruction of a deteriorated facility, it is difficult to ensure the consistency and objectivity in the process of decision making for the alternatives due to the absence of systematic and quantitative rating methodology. Their economic evaluation methodology only exists in a manual format. Thus, further research is required for converting the methodology into an automated system in view of practicality such as rapid and accurate data processing. The contributions of this study are as follows: 1) Literature review found out a representative economic evaluation model focused on military facilities, and comparative analysis with a similar study identified the strength and weakness. 2) this study presented how to convert the theoretical framework which enables to solve a specific subject matter into an automated system. 3) it developed a user friendly interfaces which consist of four functional modules by considering the usability and accessibility of the system user. 4) the developed system was verified by a case study in terms of four kinds of performance indicators.

Risk-Based Performance Evaluation and Prediction Tool by Characterizing Construction Projects in Pre-Project Planning (초기 단계 프로젝트 특성을 고려한 리스크 평가 및 예측 툴 개발)

  • Shin, Kang-Yong;Cha, Hee-Sung
    • Korean Journal of Construction Engineering and Management
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    • v.9 no.5
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    • pp.168-175
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    • 2008
  • Project risk factors are major triggers in cost performance in construction projects. Both owners and contractors are highly concerned in managing their risks in earlier times. As such, it is needed to provide a robust risk evaluation methodology in identifying and assessing the potential risks before project execution. In previous research, risk identification was conducted only in specific phases, i. e., design, procurement, construction. Therefore, the comprehensive approach in risk management was limited and their quantifying method was not well-defined. Since the benefit of planning in earlier times are maximized compared to later times, the risk management should be implemented in earlier planning stage. This study provide a new risk evaluation method by incorporating previous research and extensive literature review. By quantifying each risk factor from an extensive industry survey, the proposed tool can enhance the reliability of each factor weight and also the weights are categorized from a various perspectives, i.e., owners, contractors, lager-scale company, smaller-scale company, building projects. The proposed tool can be also useful in deciding on whether to proceed a particular project and How much the project contingency would be set aside in project execution. The study findings can also expedite the risk management procedure in a more systematic approach.