• Title/Summary/Keyword: maintenance obligations

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A Study on the Evaluation and Improvement of Building Maintenance System (건물관리제도의 평가 및 개선방안에 관한 연구)

  • Choi, Gul-Sung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.12 no.8
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    • pp.3785-3793
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    • 2011
  • The purpose of this study is to devise the overall problems (such as, rights and obligations between users, owners, managers regarding commercial rental buildings, benefit/benefit in return, and the relevant regulations and systems) of the building maintenance system through field surveys, expert interviews, and literature reviews. In this rapidly changing society, there are a huge amount of needs for various reforms which can meet the diversity in each area, so it is greatly important to choose priority for the best improvement for efficient and economic expenses due to limited time, human resources and budgets. In this regard, the study extracted the evaluation elements from the devised problems with the viewpoint of BSC, calculated the weights through application of AHP to the extracted evaluation elements, evaluated the difference between before/after application of weights, and set the status, which makes it possible to realize the effective solutions and the reasonable expenses for all parties. By doing so, it is expected that the building maintenance system which maximizes the value and guarantees the user's convenience with smart functions of the building, will be realized in the near future.

A Study on the Principle of Equilibrium in Standard Terms Contract in European Law (유럽법제에서 형평성 원칙에 따른 표준계약조건의 유효성에 관한 소고)

  • Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.67-85
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    • 2009
  • In English Law it seems that it is essential to apply the principle of equilibrium in the contract, however, it does not seemed to apply as the general rule of the principle of contract. Especially it seems that English Court didn't pay attention to the principle of equilibrium in 18th century. If one of the party do not appeal the equilibrium of the contract, it does not make any difference even today. However the Court may cancel or withdraw the construction of contract between the parties where the principle of equilibrium is damaged by fundamental problems like just-price. In French Law it seems that they have more wide definition of the principle of equilibrium. The French Court may consider that the application of good faith is the performance of condition of the contract between the parties and has no power to relieve of one party of his expressed obligations or warranty. In German Law, it seems that the principle of good faith is fundamental to take into account interest of the parties. They may agree to supply information or not to interfere with a commercial agent regarding performance and maintenance of the contract.

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Professional Ethics in Librarianship and Information Works (정보관리와 전문직 윤리)

  • Lee Soon-Ja
    • Journal of the Korean Society for Library and Information Science
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    • v.22
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    • pp.1-27
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    • 1992
  • Librarians long ago proclaimed themselves professionals. Until recently, however, librarians and information professionals gave very little thought to professional ethics, which have corne to play an increasingly important role in all areas in modern society. They have been stimulated to consider their specific domain within an ethical context now. Professional norms express obligations which include prescribing standards, principles of responsibilities, and rules of duties. Professional codes attempt to formulate the norms of professional ethics and are the basis for disciplinary measures of various kinds. This paper discusses professional properties and characteristics of libarianship with a special reference to the code of professional ethics. The codes of ethics of the American Library Association, the Library Association, and of the Japanese Library Association have been reviewed and compared. The arguments on the enforcibility of the professional codes of ethics, therefore, on their effectiveness have been discussed. Author concludes that, despite some doubts on the practical effectiveness of the ethics code expressed by a number of scholars, a code of ethics is very much required in the information professions. Properly disseminated, a code would enhance the status and standing of the profession by demonstrating concerns for the maintenance of the highest possible level of standards of professional services. It would also play an important role in raising consciousness of the clients by communicating the value of the works.

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A Study on the Management Innovation of KORAIL and Military Application -Focusing on the Direction of Innovation in the Military Medical Institution-

  • Choi, Dongha;Kang, Wonseok
    • Journal of East Asia Management
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    • v.3 no.2
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    • pp.21-41
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    • 2022
  • This study aims to analyze the characteristics of the management situation of the Korea Railroad Corporation(KORAIL) through the management innovation process of the KORAIL and to suggest its implications for military application. Despite stable demand, the railway passenger industry had the limitation of not being able to abolish deficit routes due to public service obligations. In addition, the launch of the Suseo High-Speed Line has introduced a competitive system, posing a threat to corporate management. KORAIL wanted to overcome this crisis by innovating its management through the utilization of big data, improvement of the freight business, decentralization of demand, the introduction of tourism railroads, and development of station influence areas. By utilizing big data, KORAIL was able to optimize the railway fare system while reducing fixed costs spent on railway maintenance. It also drastically reduced the station of cargo and created a base station to pursue economies of scale. On the other hand, the existing exclusive station system was abolished to solve the chronic saturation of the downtown area, and the railway demand was moved to Gwangmyeong Station and Suwon Station to optimize the passenger supply. In particular, it developed a new business model called the tourism railway by developing the mountain Byeokjin Line, which was a chronic deficit line, and sought to improve liquidity through the development of the station influence area. Such a process of innovation at KORAIL suggests an appropriate direction in seeking ways to innovate the military medical institutions. First of all, the necessity of improving organizational immersion through the development of a personnel structure suitable for the compulsory organization, while expanding the facilities of the division and corps, and reducing the time required for medical treatment and waiting through the establishment of a data-based medical system was suggested. Next, it was also discussed to integrate the National Health Medical College, which received accreditation as a medical facility through the designation of advanced general hospitals and is ultimately under discussion with the Medical Institution. Through this, we hope that the military medical institutions, which are facing various challenges, will overcome existing limitations and be re-lighted as innovative institution that provides comprehensive public health services.

A Study on Streamlining the Legal Framework for the Efficient Management of Protection and Security of the Government Complexes (정부청사의 효율적 방호·보안관리를 위한 법령체계 정비방안에 대한 소고)

  • Shin, Hyeong-Seok
    • Korean Security Journal
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    • no.61
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    • pp.39-57
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    • 2019
  • The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

A Study on the FIDIC Conditions of Contract for Design, Build and Operate Projects (FIDIC의 DBO 프로젝트용 표준계약조건에 관한 연구)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.29-60
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    • 2010
  • The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

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A Study on the Size, Composition, and Characteristics of Poor Elders Excluded from the Public Assistance (공공부조 수급에서 제외된 빈곤노인의 현황과 특성)

  • Choi, Hee-Kyung
    • Korean Journal of Social Welfare
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    • v.56 no.2
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    • pp.237-259
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    • 2004
  • The public assistance scheme plays more important role in income maintenance for poor elders than the public pension does due to insufficient coverage of the public pension resulted from late introduction of it in Korea. However, only limited numbers of poor elders are financially protected by the public assistance contrary to the general perception that the elderly population most benefits from public aids. Based on data set of 2000 from the Korean Labor and Income Panel Study, this study analysed the size, composition and characteristics of poor elders excluded from the public assistance, and determinants of the elderly's participation in it. Findings of the study can be summarized as follows: (1) More than half of poor elders are excluded from the public assistance although their economic status is similar with that of recipients, which may cause income reversal between recipients and non-recipients. (2) It was identified that non-recipient poor elders especially those with same income level of recipients of the National Livelihood Guarantees(NLG) are actually in desperate need of public aids considering their serious financial conditions. (3) Participation in public assistance among the elderly is more affected by socio-demographic factors that reflect family conditions than by economic factors, which is mostly caused by the strict eligibility criteria of the public assistance that reinforces family duty of financial support for elderly relatives in Korea. Policy implications for more effective income security for poor elders include revising inappropriate eligibility criteria of the NLG concerning family obligations, expanding the coverage of the old age allowance for poor elders to near-poor elders, and providing work opportunities to non-recipient poor elders to supplement their income deficit.

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A Study on the Legal Nature of the Duty to Arrange Spill Clean-up Equipment and the Issue on the Justification of Its Privatization (방제선 등 배치의무의 법적 성질 및 민간개방의 정당성에 관한 연구)

  • Lee, Jung Won
    • Ocean policy research
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    • v.33 no.2
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    • pp.83-119
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    • 2018
  • Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

A Study on the Maritime Law According to the Occurrence of Marine Accidents of MASS(Maritime Autonomous Surface Ship) (자율운항선박의 해양사고 발생에 따른 해상법적 고찰)

  • Lee, Young-Ju
    • Maritime Security
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    • v.6 no.1
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    • pp.37-56
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    • 2023
  • Recently, with the rapid development of ICT(Information and Communication Technology) and AI(Artificial Intelligence) technology industries, the emergence of MASS(Maritime Autonomous Surface Ship), which were thought only in the distant future, is approaching a reality. Along with the development of these amazing technologies, changes in the private law sector, such as liability, compensation for damages, and maritime insurance, as well as in the public law sector, such as maritime safety, marine environment protection, and maintenance of maritime order, have become necessary in the field of maritime law. In particular, with the advent of a new type of ship called MASS that does not have a crew on board, the kind and type of liability, compensation for damages, and insurance contracts in the event of a marine accident will also change. In this paper, the general theory about concept, classification, effectiveness and future of MASS and the general theory about concept and various obligations and responsibilities under the maritime law for discussion of MASS are reviewed. Next, in addition, regarding the problems that may occur in the event of a marine accident from MASS, the status as a ship, the legal relationship of the chartering contract, obligation to exercise due diligence in making the vessel seaworthiness, subject of responsibility, and liability for damages and immunity are reviewed from the perspective of maritime law. In addition, in the degree four of MASS, the necessities of further research to clarify the attributable subjects and standards of responsibility in the event of a marine accident, as well as the necessities of institutional improvement such as technology development, enactment and amendment of law and funding are presented.

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The Characteristics of Korean Family Law - A Comparison with EU-Countries in Regard to Regime Classification - (한국 가족법의 특수성 - EU 국가와의 비교를 통한 유형 구분 -)

  • Chung, Yun Tag
    • Korean Journal of Social Welfare Studies
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    • v.41 no.4
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    • pp.161-187
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    • 2010
  • This study begins with two research interests. Firstly, there seems to be a break of research in the field of family policy in Korea which exists especially in regard to family law. Family law was originally the core of state interventions in family life, but has been neglected because of the lack of literature with comparative research methods. This shortcoming needs to be addressed. Secondly, through inquiry into the definition of family or family policy with the lens of the law, the definition of family or family policy can be correctly extended. With these two interests combined, this research tries to derive an analytical tool - maintenance community - of the law and compare some important points of the family law of Korea with those of 16 EU-countries in terms of regime classification. The method used is, firstly, to describe the subjects of family law with a focus on partnering and parenting without subjective interpretation, and secondly, to classify the countries' family-law regimes with the criteria of privacy and autonomy using cluster analysis. The results show that the countries can be classified into three clusters: Nordic (Norway and Sweden), West-Northern (Denmark, France, England, Finland, and Belgium) and Middle South (Italy, Spain, Austria, Portugal, Netherlands, Greece, Ireland, Germany, and Korea). This result can be compared to a precedent research result which showed that 21 OECD countries can be classified in three clusters according to family policy. The number of the clusters is the same as this study, but some countries belong to other clusters; for example Denmark and Finland belong to the Nordic cluster according to family policy, while they belong to the West-Northern according to family law, and Austria, Germany, and Ireland belong to the Middle-South cluster according to family law, while they belong to the Continental according to family policy. From this result we can interpret Korean family law to be in the middle range according to both criteria of privacy and autonomy like other South-European countries including some Continental countries. We can make some theoretical suggestions. The fact that both family law and family policy regimes in countries can be classified into three clusters can be interpreted to mean that there exists parallelism between family law and family policy in a broad sense. But from the fact that some countries belong to different clusters according to family law and family policy, we can say that the family policy in a country is not always consistent with family law.