• 한국건설관리학회논문집
• /
• 제24권2호
• /
• pp.79-87
• /
• 2023

장기계속공사계약은 예산 일년주의 원칙에 충실한 계약으로, 비교적 많은 예산이 수년에 걸쳐 투입되어야 목적물이 완성되는 특성을 가지고 있는 건설공사에서는 적절한 보완대책이 필요한 계약이다. 이에 본 연구에서는 FGI와 조달청의 공사발주 내역 분석을 통해 장기계속공사계약의 문제점과 개선방안을 도출하였다. 장기계속공사계약의 문제점으로는 법률과 대통령령의 정합성 문제, 예산편성의 효율성이라 보기 어려운 계약이 다수 발주되는 문제, 공기연장에 따른 간접비용 산정문제, 최종 차수계약에 예산이 과다하게 투입되는 문제 등이 존재하였다. 이를 해결하기 위해 총공사기간과 총공사금액의 효력을 인정하는 내용과 장기계속공사계약으로 할 수 있는 대상사업 범위를 한정하는 내용을 포함하는 관련법률 개정이 필요하다. 또한, 공사기간 연장시기에 발생되는 간접비용에 대한 산출기준과 적정 공사기간 산정기준을 명확히 할 필요가 있다.

• 무역상무연구
• /
• 제38권
• /
• pp.181-226
• /
• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

• 항공우주정책ㆍ법학회지
• /
• 제5권
• /
• pp.171-205
• /
• 1993

On the contrary to the general principle of private law, carriers' liability for passengers and cargo owners have been quantatively limited in some cases. The author traces the rule of liability limitation in the law of Korea and United States to verify two hypotheses. The first hypothesis is that the rule of liability limitation has been introduced to motivate investment when new technology with high risk has been adopted in business. The second hypothesis is that the rule of liability limitation can be maintained only when damages have been fully compensated. The former is a necessary condition for liability limation, and the latter sufficient condition. There are strong evidences for the first hypothesis. Navigation or aviation, artificial satellite lauching, urban transportation system are good examples. The second hypothesis is supported by the fact that there have been continuous controversies on the Warsaw System, including the failure of ratification of Montreal Additional Protocols No.3 & 4 by the U.S. Senate and voluntary removal of liability limitation by the Japanese airline companies. Loss of cargo can be compensated fully, but damages from personal injury and death not. The value of human body and life is not easy to be estimated. Passengers, moreover, do not usually buy insurance for accidents in travel. Passengers do not accept insurance premium as the cost of being whole and alive. They do not accept accident rates realistically. They have no bargaining power in dealing with insurers. The rule of liability limitation in personal losses would not be supported in future because damages have not fully compensated.

• 수산해양교육연구
• /
• 제9권1호
• /
• pp.49-56
• /
• 1997

It is the developing policy of fishing village of korea that the fishermen are not to leave their fishing village by the construction of abandant and rich fishing village in the social, cultural and economic side of view. The government has promoted the project to improve the fishing and agrarian village from 1992 year, but it is not so helpful to solve the problem of the island and fishing village. Therefore, it has to improve the structure of fishing village and to develope the vital and lively fishing village, Japan had enacted the special law for the promotion of out-island which was called the law for the promotion of Ri-do isalnd, and commenced to develop the Ri-do island. The law for the promotion of Ri-do island is limited to 10 years, but it was amended 10 times and Japanese government has invested as many as budget to Ri-do isalnd during 30 years. Korean government also had enacted and enforced the special law for the promotion of out-isalnd developement referring to Japanese system. However, it is neccessary at first to improve the system that the fishing village is able to develope the fishing port in order to make higher the efficiency of investment. Moverover, the earning differentials bewteen the city and the fishing village has to decrease by the developement of transport convenience and pavement of the road of the out-isalnd and remote fishing village. Otherwise, it is requested rapidily to set up the welfare policy for the aged people because the inhabitants of fishing village become to great age, and inhabitants could be at least diagnose one time every week in the good medical facilities. The ministry of marine and fisheries has to permit the sports fishing business by the small fishing vessel in order to increase the income of inhabitants of fishing village and put a lot of the fishing reefs which are constructed to 2-3 story into the sea. And then the sports fishing business will be flourish by the small fishing vessel.

• 한국언론정보학보
• /
• 제56권
• /
• pp.117-131
• /
• 2011

이 글은 케이블 지역채널에 대한 해설 논평 금지의 문제점을 검토하고 그 대안을 제시했다. 특히 방송법상의 저널리즘 원리에 입각해, 특정 사안에 대한 지역채널의 해설과 논평을 금지한 방송통신위원회 규칙이 방송 저널리즘의 책무와 상충한다고 논했다. 지역채널의 해설 논평 기능을 금지한 현행 규제는 오히려 지역여론이 지역의 기득권 혹은 기존 질서에 순응하는 방향으로 흐르게 하는 부작용을 야기한다. 지자체 정책홍보 프로그램의 의무편성과 맞물려, 지역채널을 지자체 정부의 홍보도구로 전락시킬 위험도 안고 있다. 이에 따라 법제 개정을 통해 지역채널의 해설 논평 기능을 허용하되, 케이블 SO에게 지역 저널리즘 기관으로서의 책무와 조건을 부과하고 이를 충족하도록 촉진 지원하는 보완책을 병행하는 게 바람직하다고 제안했다.

• Journal of Contemporary Eastern Asia
• /
• 제15권1호
• /
• pp.41-63
• /
• 2016

Energy policy is known to have higher path dependency among policy fields (Kuper and van Soest, 2003; OECD, 2012; Kikkawa, 2013) and is a critical component of the infrastructure development undertaken in the early stages of nation building. Actor roles, such as those played by interest groups, are firmly formed, making it unlikely that institutional change can be implemented. In resource-challenged Japan, energy policy is an especially critical policy area for the Japanese government. In comparing energy policy making in Japan and Germany, Japan’s policy community is relatively firm (Hartwig et al., 2015), and it is improbable that institutional change can occur. The Japanese government’s approach to energy policy has shifted incrementally in the past half century, with the most recent being the 2012 implementation of the “Feed-In Tariff Law” (Act on Special Measures Concerning Procurement of Renewable Electric Energy by Operators of Electric Utilities), which encourages new investment in renewable electricity generation and promotes the use of renewable energy. Yet, who were the actors involved and the factors that influenced the establishment of this new law? This study attempts to assess the factors associated with implementing the law as well as the roles of the relevant major actors. In answering this question, we focus on identifying the policy networks among government, political parties, and interest groups, which suggests that success in persuading key economic groups could be a factor in promoting the law. Our data is based on the “Global Environmental Policy Network Survey 2012-2013 (GEPON2)” which was conducted immediately after the March 11, 2011 Great East Japan Earthquake with respondents including political parties, the government, interest groups, and civil society organizations. Our results suggest that the Feed in Tariff (FIT) Law’s network structure is similar to the information network and support network, and that the actors at the center of the network support the FIT Law. The strength of our research lays in our focus on political networks and their contributing mechanism to the law’s implementation through analysis of the political process. From an academic perspective, identifying the key actors and factors may be significant in explaining institutional change in policy areas with high path dependency. Close examination of this issue also has implications for a society that can promote renewable and sustainable energy resources.

• 시큐리티연구
• /
• 제15호
• /
• pp.173-198
• /
• 2008

한국의 민간경비산업의 영역을 확대하기 위해서는 다음과 같은 방안을 제시하고자 한다. 첫째, 민간조사업법의 영역을 민간경비와 접목하여 확대해야 할 것이다. 둘째, 요인경호법, 대테러법, 대통령 경호실법에 관련하여 민간경비의 역할을 모색할 필요가 있을 것이다. 셋째, 산업보안 관련법 중 산업기술의 유출 방지 및 보호지원에 관한 법률안이 통과됨으로써 기업보안과 민간경비산업 분야의 접목을 통한 민간경비의 다양성과 세분화, 복합화가 필요할 것이다. 넷째, 시큐리티 컨설팅 즉, 통합시스템 관리 서비스를 위해 민간경비업체의 투자와 전문분야의 양성 및 사업의 확대방안의 연구가 모색되어져야 할 것이다. 다섯째, 청원경찰법과 경비업법의 통합성에 대해서 교육과정과 목적, 의무가 큰 차이가 없으므로 정보기관의 협조를 통한 통합화를 적극적으로 추진할 필요가 있다고 사료된다. 여섯째, 민간경비 서비스에 대한 경찰 및 일반시민, 그리고 민간 경비원들 간의 의식전환이 이루어져야 한다. 일곱째, 경비협회의 역할도 중요하다고 사료된다. 마지막으로 경찰청과 경비협회의 의사소통에 관한 문제에 대해서도 정보수집, 대처능력이 권력의 힘에서만 볼 것이 아니라 이제는 경찰청뿐만 아니라 국가기관, 국정원, 검찰, 경호실, 군 등의 기관들과의 상호협력방안을 모색할 필요가 있다고 생각한다.

• 수산경영론집
• /
• 제15권1호
• /
• pp.81-95
• /
• 1984

The international marine system was plunged into the age of divided occupation with the adoption of the United Nations Convention on Law of the Sea in April, 1982. The exclusive economic zone of 200 Nautical miles set up by the Convention confirms the assertions of many coastal states whose fishing industries are not well-developed. However, it is unfavorable to the countries whose fisheries are being carried on in deep-sea, because the coastal state has sovereign rights to conserve and manage living resources in it. Under the circumstances the Korean deep-sea fisheries had to find ways out of the difficulties. The ways may be divided into two ways, namely, licensed fishing and joint-venture fishing. The former type becomes unfavorable to foveign fisheries because of decreasing quarts, rising fees and remunerations. The latter type properly meets the wishes of countries concerned and has some merits. However, there is a possibility of bearing the risk in case of investment in developing countries. The insurance system is effective to make up for the loss from the risk, although not perfect. The deep-sea fisheries depressed now by accumulated difficulties need more financial support from the Goverment for the active promotion of overseas joint-venture.

• 수산경영론집
• /
• 제29권2호
• /
• pp.163-175
• /
• 1998

The decrease of the fishery's business performance is due to the changes of environment-the increase of cost, the reduction of resources, the liberalization of import, the effectuation of the admiralty law Though the government has prepared the alternative policy to strengthen the competitive power of the fishery, fishermen should draw up a plan to improve the business performance. The problems of the small powered purse seine resulting from the small scale of the fishing boat is following. First, its catching activity in the sea is riskful. Second, the space to eat and to work is not enough. Third, the space to put the fish is not enough, it is hard to maintain the freshness of the fish. Therefore it is necessary to solve these problems for the scale of the fishing boat to have to be enlarged. The enlargement of the fishing boat to be required much expenditure of fund is the important investment decision to fishermen. The alternatives evaluation between the existing boat(defender) and the new boat enlarged with the new equipment(challenger) is necessary process to reduce the uncertainty of investment. The profitability of the challenger is better than that of defender due to the reduction of cost and the increase of revenue. Because the net present value of incremental cash flow is positive, it is rational for fishermen to accept the challenger.

• 한국IT서비스학회지
• /
• 제13권4호
• /
• pp.123-137
• /
• 2014

Since the global financial crisis, funding for startups or ventures has been diminished seriously. In this situation, crowd-funding has attracted worldwide attention as a viable means to financing startups/ventures. After reviewing existing laws in other countries, this study investigated the current status of crowd-funding legalization in Korea and surveyed requirements from three groups of participants to crowd-funding. Investors already recognized the high risk of crowd-funding into startups and asked for the protection of their investment. But, their priorities were on the enlargement of tax benefits and the establishment of a trading market for selling their equity. In addition, investors wanted to shorten the compulsory holding period. Issuers as fund raisers hoped fast legalization, convenient process of crowd-funding, and expansion of government support. Crowd-funding platform operators requested policies for establishing paths to become new growth companies from startups, tax benefits, and the setup of separate fund for startups. Currently, the National Assembly in Korea is holding the discussion on the submitted law. For desirable outcomes to all participants, it would be better to proceed in the following sequence. First, legalize the crowd-funding with clauses protecting investors; Second, encourage investment through tax benefits; Third, develop communities among participants for reducing information asymmetry; And fourth, establish diverse trading markets for selling equities of startups.