• Title/Summary/Keyword: re-contract

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A Revisit to the Recent Human Error Events in Nuclear Power Plants Focused to the Organizational and Safety Culture

  • Lee, Yong-Hee
    • Journal of the Ergonomics Society of Korea
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    • v.32 no.1
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    • pp.117-124
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    • 2013
  • Objective: This paper presents additional considerations related to organization and safety culture extracted from recent human error incidents in Korea, such as station blackout(i.e., SBO) in Kori#1. Background: Safety culture has been already highlighted as a major cause of human errors after 1986 Chernobyl accident. After Fukushima accident in Japan, the public acceptance for nuclear energy has taken its toll. Organizational characteristics and culture became elucidated as a major contributor again. Therefore many nuclear countries are re-evaluating their safety culture, and discussing any preparedness and its improvement. On top of that, there was an SBO in 2012 in the Kori#1. Korean public feels frustrated due to the similar human errors causing to a catastrophe like Fukushima accident. Method: This paper reassesses Japan's incidents, and revisits Korea's recent incidents. It focuses on the analysis of the hazards rather than the causes of human errors, the derivation of countermeasures, and their implementation. The preceding incidents and conclusions from Japanese experience are also re-analyzed. The Fukushima accident was an SBO due to the natural disaster such as earthquakes and a successive tsunami. Unlike the Fukushima accident, the Kori#1 incident itself was simple and restored without any loss and radioactive release. However, the fact that the incident was deliberately concealed led to massive distrust. Moreover, the continued violation of rules and organized concealment of the accident are serious signs of a new distorted type of human errors, blatantly revealing the cultural and fundamental weakness of the current organization. Result: We should learn from Japanese experiences who had taken pride in its safety technology and fairly high confidence in safety culture. Japan's first criticality accident in JCO facility splashed cold water on that confidence. It has turned out to be a typical case revealing the problems in the organization and safety culture. Since Japan has failed to gain lessons and countermeasure, the issue persists to the Fukushima incident. Conclusion: Safety culture is not a specific independent element, which makes it difficult to either evaluate it properly or establish countermeasures from the lessons. It may continue to expose similar human errors such as concealment of incident and manipulation of bad data. Application: Not only will this work establish the course of research for organization and safety culture, but this work will also contribute to the revitalization of Korea's nuclear industry from the disappointment after the export contract to UAE.

Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989- (상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.13 no.1
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    • pp.175-185
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    • 2013
  • The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

A Study on the Major Revised Contents in Exclusion Clauses of the Institute Cargo Clauses 2009 (2009년 협회적하약관의 면책조항 상 주요 개정내용에 관한 연구)

  • Shin, Gun Hoon;Lee, Byung Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.137-169
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    • 2013
  • This article intends to analyse some features in Exclusion Clauses of the Institute Cargo Clauses 2009 and the results of analysis are following. First, the insufficiency of packing or preparation exclusion under the revised Clause 4.3 is now more limited than before and the Clause suggest the test of sufficiency or suitability "to withstand the ordinary incidents of the insured transit". Secondly, the word "proximately" was deleted under the revised Clause 4.5 for the insurer to be identified more easily as a cause, but it remains to be seen whether that re-drafting will be successful. Thirdly, The exclusion under the revised Clause 4.6 does not apply unless the insurer can prove that, at the time the subject-matter insured is loaded on board the vessel, the assured was aware, or in the ordinary course of business should have been aware, that the relevant insolvency or financial default could prvent the normal prosecution of the voyage, and to a person who purchase the goods from the assured in good faith under a binding contract. Fourthly, the exclusion in respect of unseaworthiness of vessel under Clause 5.1.1 applies only where the assured is privy to the unseaworthiness, whereas the exclusion in respect of unfitness of container or conveyance under Clause 5.1.2 includes the privity of the employee. Finally, Clause 7 establishes the definition of terrorism, and adds ideological and religious motive to political motive.

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Analysis of Potential Construction Risk Types in Formal Documents Using Text Mining (텍스트 마이닝을 통한 건설공사 공문 잠재적 리스크 유형 분석)

  • Eom, Sae Ho;Cha, Gichun;Park, Sun Kyu;Park, Seunghee;Park, Jongho
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.43 no.1
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    • pp.91-98
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    • 2023
  • Since risks occurring in construction projects can have a significant impact on schedules and costs, there have been many studies on this topic. However, risk analysis is often limited to only certain construction situations,and experience-dependent decision-making is therefore mainly performed. Data-based analyses have only been partially applied to safety and contract documents. Therefore, in this study, cluster analysis and a Word2Vec algorithm were applied to formal documents that contain important elements for contractors or clients. An initial classification of document content into six types was performed through cluster analysis, and 157 occurrence types were subdivided through application of the Word2Vec algorithm. The derived terms were re-classified into five categories and reviewed as to whether the terms could develop into potential construction risk factors. Identifying potential construction risk factors will be helpful as basic data for process management in the construction industry.

Deriving Key Risk Sub-Clauses which the Engineer of FIDIC Red Book Shall Agree or Determine according to Sub-Clause 3.7 -based on FIDIC Conditions of Contract for Construction, Second Edition 2017- (FIDIC Red Book의 Engineer가 합의 또는 결정해야할 핵심 리스크 세부조항 도출 -FIDIC Red Book 2017년 개정판 기준으로-)

  • Jei, Jae Yong;Hong, Seong Yeoll;Seo, Sung Chul;Park, Hyung Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.43 no.2
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    • pp.239-247
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    • 2023
  • The FIDIC Red Book is an international standard contract condition in which the Employer designs and the Contractor performs the construction. The Engineer of FIDIC Red Book shall agree or determine any matter or Claim in accordance with Sub-Clause 3.7 neutrally, not as an agent of the Employer. This study aimed to derive Key Risk Sub-Clauses out of 49 Sub-Clauses that the Engineer of FIDIC Red Book recently revised in 18 years shall agree or determine according to Sub-Clause 3.7 using the Delphi method. A panel of 35 experts with more than 10 years of experience and expertise in international construction contracts was formed, and through total three Delphi surveys, errors and biases were prevented in the judgment process to improve reliability. As for the research method, 49 Sub-Clauses that engineers shall agree on or determine according to Sub-Clause 3.7 of the FIDIC Red Book were investigated through the analysis of contract conditions. In order to evaluate the probability and impact of contractual risk for each 49 Sub-Clause, the Delphi survey conducted repeatedly a closed-type survey three times on a Likert 10-point scale. The results of the first Delphi survey were delivered during the second survey, and the results of the second survey were delivered to the third survey, which was re-evaluated in the direction of increasing the consensus of experts' opinions. The reliability of the Delphi 3rd survey results was verified with the COV value of the coefficient of variation. The PI Risk Matrix was applied to the average value of risk probability and impact of each of the 49 Sub-Clauses and finally, 9 Key Risk Sub-Clauses that fell within the extreme risk range were derived.

The Effect of Yunkyopaedocksangamibang on Allergic Contact Dermatitis : Based on the mitigation of skin damage and distributive change of mast cell on DNCB re-expasure region of Mice (연교패독산가미방(連翹敗毒散可味方)이 알러지성 접촉피부염에 미치는 영향(影響) - DNCB 재노출부위의 생쥐 피부손상완화와 비만세포 분포 변화를 중심으로 -)

  • Kwon, Oh-Sung;Kim, Jin-Tack;Park, In-Sick;Ahn, Sang-Hyun;Lee, Hai-Poong;Kim, Ho-Hyun;Gang, Yun-Ho
    • The Journal of Dong Guk Oriental Medicine
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    • v.8 no.1
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    • pp.77-91
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    • 1999
  • After allergic contact dermatitis elicitated by Dinitrochlorobenzene(DNCB) treatment, ICR female mice administered Yunkyopaedocksangamibang(YPGM) extract were observed to investigate the effect of YPGM on allergic contact dermatitis. This study investigated that contact hypersensitivity assay, abdominal skin morphologic changes including mast cells. At contact hypersensitivity assay, the right ear swelling in YPGM group were probability decreased than DNCB group. At observation of abdominal skin morphologic change, the infiltration of lymphocyte, lymphocyte insertion to epithelium, enlarged capillary, angiogenesis, and damages of epithelium as cytoplasmic vacuolation and enlarge of inter cellular space in YPGM were diminished than DNCB group. The number of mast cell was increased both DNCB and YPGM group. The shape of mast cell in DNCB group was mainly appeared degranulated type, but granulated type in YPGM group. The number of serotonin positive cell was increased both DNCB and YPGM group. The shape of serotonin positive cell in DNCB group was mainly appeared degranulated type, but granulated type in YPGM group. As results indicated that the YPGM extract administration work on the mitigation of skin damages in mouse with allergic contact dermatitis.

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A Study on the Effects of the Relational Norm Factor of Food Service Franchising on Perceived Fairness and Intention to Remain (외식프랜차이즈 관계규범이 공정성과 재계약의도에 미치는 영향에 관한 연구)

  • Suh, Tae-Soo;Park, Seon-Hee
    • Culinary science and hospitality research
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    • v.19 no.1
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    • pp.57-69
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    • 2013
  • This study analyzed the effects of the relational norm factor of food service franchising on the intention to remain, in view of the importance of relational norms, as antecedent variables, to franchisees' perceived fairness to enhance the competitiveness by formation of long-term relationship between interested parties to food service franchising, the franchiser and the franchisee. According to a questionnaire survey, more than 100 franchisees that recorded three business years in Seoul, Incheon and Gyeonggi area were selected for convenience sampling. Then, among them, 515 effective samples were analyzed. For statistical data, detailed types of analysis were performed by using AMOS 17.0, such as factor analysis, exploratory factor analysis, confirmatory analysis and frequency analysis. The purpose of this study was to examine the relationship between the franchiser and the franchisee by arranging relational norm factors for the relationship to be suitable for the current situation of Korea, instead of Western-style theory-based relationship marketing, and by understanding a connection between perceived fairness and management achievement-related variables, and to make a conceptual framework for building a positive relationship between the franchiser and the franchise in future food service franchising industry. Moreover, it aimed to increase franchisee satisfaction and results including re-contract according to perceived positive relationship value on the franchiser and to make contribution to find and show the proper direction for development of the Korean-style food service franchising system.

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Comparative Study of Labor Disputes in the Period of Restructuring: the Cases of Hyundai Motor and Power Generation Companies (구조조정기 노사분쟁의 사례비교연구: 현대자동차와 발전회사의 분규를 중심으로)

  • Lee, Byoung-Hoon
    • Journal of Labour Economics
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    • v.27 no.1
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    • pp.27-53
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    • 2004
  • This paper analyzes the two cases of labor disputes (Hyundai Motor in 1998 and Power Generation Companies in 2002) in the period of restructuring, by applying the behavioral theory of labor negotiations as a comparative framework. The paper compares th backgrounds of the labor disputes, core issues, bargaining processes, and evolutionary patterns and consequences of the labor disputes at the two cases. The common features, found in the two dispute cases, are strong mistrust and exclusive bargaining attitude between labor unions and management, little feasibility of contract zone in bargaining proposals by the two parties, heteronomous dispute resolution by the intervention of the government, and the lack of learning effect gained from the experience of labor disputes. This comparative case study identifies that the confrontational labor-management relations at the firm level is re-produced by a regressive process of the following circulation: labor-management distrust $\rightarrow$ interest conflict in bargaining demand $\rightarrow$ exclusive bargaining attitude $\rightarrow$ the experience of antagonistic dispute $\rightarrow$ deepened distrust. In conclusion, four parties-labor unions, management, the government, and public press - are required to make much effort to replace the vicious circle of labor-management confrontation by a virtueous cycle of labor-management cooperation.

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The Effectiveness of Accounting Information in Military Construction Contracts under the Qualification Assessment System (적격심사낙찰제 계약에서 회계정보의 유용성에 관한 연구)

  • Hur, Hyung
    • Journal of the military operations research society of Korea
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    • v.37 no.1
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    • pp.49-70
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    • 2011
  • This paper re-evaluated the research on the accounting information's effectiveness in military construction contracts, questioning the former research results on the central army's construction contract that was under the Qualification Assessment System, especially concerning the relations between the accounting information and the bidding ratios as well as the relations between the bidding rates and the defect rates, which targeted between 1 to 10 billions civil engineering, construction, electricity, telecommunication, and environment work types. Unlike the previous results, the relationship between the accounting information and the bidding rates was shown to be considerably limited that the bidding ratio could not be identified through the accounting information, while it could discern the relations with the defect rates. Furthermore, the proven results did not support the hypothesis that the differences in bidding rates could affect the defect ratio. However, through the prediction model of bidding and defect ratios, we could identity the accounting variables that influenced the ratios. Additionally through the results regarding the non-financial indexes in the Pre-Qualification items, the weight on these indexes could be adjusted. In conclusion, the research results has given us new understanding of the problems in the Qualification Assessment System which accounts for the majority of the current military construction contracts and provide validity on the government's expanded implementation of the Lowest Price Award System.

Groping for Cooperative Space Activities in the Northeast Asia (동북아시아에서의 우주협력의 모색)

  • Rhee, Sang-Myon
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.75-103
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    • 2007
  • The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

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