• Title/Summary/Keyword: service penalty

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Analyzing Article 85(Penalty) in the Construction Technology Promotion Act based on the Principle of Legality (죄형법정주의에 입각한 건설기술 진흥법 제85조(벌칙) 고찰)

  • Kim, Eunbae;Lee, Hyun-Soo;Park, Moonseo;Son, Bosik
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.1
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    • pp.119-127
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    • 2016
  • Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

The Competitive Time Guarantee Decisions Via Continuous Approximation of Logistics Systems (연속적 근사법에 의한 물류시스템의 경쟁적 시간보장 의사결정 최적화에 관한 연구)

  • Kim, Hyoungtae
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.37 no.3
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    • pp.64-74
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    • 2014
  • We show how a supplier can peg cost measures to the reliability of his time guarantees via the penalty costs considered in the framework. The framework also enables us to study the connections between the logistics network and the market. In this context, we show that even when the market base increases significantly, the supplier can still use the logistics network designed to satisfy lower demand density, with only a marginal reduction in profit. Finally we show how the framework is useful to evaluate and compare various logistics system improvement strategies. The supplier can then easily choose the improvement strategy that increases his profit with the minimal increase in his logistics costs.

Design and Implementation of Parking Guidance System Based on Internet of Things(IoT) Using Q-learning Model (Q-learning 모델을 이용한 IoT 기반 주차유도 시스템의 설계 및 구현)

  • Ji, Yong-Joo;Choi, Hak-Hui;Kim, Dong-Seong
    • IEMEK Journal of Embedded Systems and Applications
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    • v.11 no.3
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    • pp.153-162
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    • 2016
  • This paper proposes an optimal dynamic resource allocation method in IoT (Internet of Things) parking guidance system using Q-learning resource allocation model. In the proposed method, a resource allocation using a forecasting model based on Q-learning is employed for optimal utilization of parking guidance system. To demonstrate efficiency and availability of the proposed method, it is verified by computer simulation and practical testbed. Through simulation results, this paper proves that the proposed method can enhance total throughput, decrease penalty fee issued by SLA (Service Level Agreement) and reduce response time with the dynamic number of users.

A Shared Buffer-Constrained Topology Reconfiguration Scheme in Wavelength Routed Networks

  • Youn, Chan-Hyun;Song, Hye-Won;Keum, Ji-Eun
    • ETRI Journal
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    • v.27 no.6
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    • pp.725-732
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    • 2005
  • The reconfiguration management scheme changes a logical topology in response to changing traffic patterns in the higher layer of a network or the congestion level on the logical topology. In this paper, we formulate a reconfiguration scheme with a shared buffer-constrained cost model based on required quality-of-service (QoS) constraints, reconfiguration penalty cost, and buffer gain cost through traffic aggregation. The proposed scheme maximizes the derived expected reward-cost function as well as guarantees the required flow's QoS. Simulation results show that our reconfiguration scheme significantly outperforms the conventional one, while the required physical resources are limited.

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The Effectiveness of the Sanctions for Corporate Crime: Audit Review Evidence

  • Lee, Jeong-Mi
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.189-196
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    • 2016
  • In this paper, I propose monetary penalties imposed on firms sanctioned by the Financial Supervisory Service for fraudulent financial reporting in accounting and auditing enforcement release(FSS-sanctioned fraud firms) should be disclosed to the notes of financial statement of the firms. Disclosing to the notes of financial statement for FSS-sanctioned fraud firms is an effective way to inform all the related parties of the information which affects the value of the corporation. Even though monetary penalties can affect the value of the firms, however, this study suggests that monetary penalties imposed on the fraud firms have a question on the effectiveness of the sanctions. In addition, this study finds that the magnitude of the market reactions between the fraud firms imposed by monetary penalties and the fraud firms imposed by non-monetary penalties has no difference. Based on these results, the information of FSS-sanctioned fraud firms should be disclosed to the notes of financial statements to have the market react effectively.

New Strategy for Location Decision Using Loss Concept (손실개념을 이용한 새로운 물류거점 전략)

  • Hwang, In-Keuk;Lee, Chang-Yong;Song, Chang-Yong
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.30 no.4
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    • pp.103-110
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    • 2007
  • The facility location in designing a supply chain network is an important decision problem that gives form, structure, and shape to the entire supply chain system. Location problems involve determining the location, number, and size of the facilities to be used. The optimization of these location decisions requires careful attention to the inherent trade-offs among service time, inventory costs, facility cost, transportation costs. This paper presents a strategy that provides the best locations of distribution centers using GIS(Geographical Information System) assuming the limitation of delivery time. To get the best strategy of the location of distribution centers, we use the new loss functions as a penalty when the delivery time is violated

A Research on Managing Assurance Level for Guaranteeing Quality of Web Services (웹 서비스 품질보장을 위한 보증수준 유지방안 연구)

  • Lee, Young-Kon;Kim, Eun-Ju
    • The KIPS Transactions:PartD
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    • v.14D no.3 s.113
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    • pp.319-328
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    • 2007
  • As the coverage of Web services become wider and the number of implementation cases is growing, the importance of applying the Web services quality model to real world is increased. For maintaining the level of Web services qualify, it should be required to study on assurance method of Web services qualify level. Assurance for Web services, which is newly proposed by OASIS TC, means the totality of activities for managing the quality level of them. For managing Web service quality, Web service associates could usually use SLA(Service Level Agreement) method in which a service consumer contracts for some service level with a service provider and gives for penalty or pays incentives according to the result of evaluation of services. But, there are some difficulties in applying SLA to Web services, because Web services have publicity, multiple users, and 3rd party for management. So, we need a new assurance method for Web service by considering the characteristics of Web services. This paper provides the new concept of committed assurance level for Web services. This concept can be defined as the set of maximum level of quality expected by each user, which provide the consistent view of Web service quality. This paper presents the method for duality associates to preserve some quality level of Web service by using this concept.

Performance Analysis of Request Handling Schemes for Intelligent Peripherals (IP용 서비스 요청 처리방식의 성능 분석)

  • 최고봉;윤종호;권기호
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.19 no.7
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    • pp.1321-1334
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    • 1994
  • This paper presents the service handling schemes of an intelligent peripheral(IP) which provides the service function as a physical entity in the intelligent network. Four service request handling scheme are compared for and IP which can handle both ordinary requests and prioritized requests on the blocked-call-delayed basis. Delayed requests are assumed to be stored in a finite storage buffer. Scheme-I exclusively allows prioritized requests be stored and to use a fixed number of reserved servers. The other three schemes without reserved servers(Scheme-II.III,and IV) allow both types of requests to be stored and prioritized requests pushout ordinary requests if the buffer is full. For these four schemes, the blocking probabilities and delay distributions of both types of requests are numerically obtained. From the numericall results, the schemes without reserved servers reduce the blocking probability of ordinary requists without a severe penalty on proritized requests. For three schemes without reserved servers, it is noted that prioritized requests should br served on the first-in, first-out basis, and ordinary requests should be served on the last-in, first-out basis.

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Readmission Rate: Experience in USA, Canada and UK (미국, 캐나다, 영국의 재입원율 활용 현황)

  • Lee, Sang-Ah;Ju, Yeong-Jun;Shin, Jae-Yong;Park, Eun-Cheol;Lee, Hoo-Yeon
    • Quality Improvement in Health Care
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    • v.22 no.1
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    • pp.29-37
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    • 2016
  • Readmission which reflects capacity to manage patients and general level of medical services has been known for one of the causes of medical expenditure due to inefficient service. Compared to disease-specific readmission, hospital wide readmission (HWR) is relatively easy to understand, and has merit to get over limitation of collateral medical services assessment; therefore, a growing interest in development and usage of readmission indicator as quality of care indicator focusing on all-disease is detected. In this study, we investigate current state of risk standardized readmission rate indicator used in the United States, the United Kingdom, and Canada, and examine the considerations when using readmission rate as quality indicator in Korea. Differences in risk-adjustment methods were showed among countries. The United States do not control race not to hide socio-demographic factors on readmission. Canada shows differentiation compared to other countries about reflecting community factors. All three-countries utilize readmission rate as monitoring quality of care rather than incentives or penalty due to the fact that readmission rate could not represent the whole quality of hospital and has a limitation at controlling socio-economic factors. Therefore, for usage readmission rate as quality indicator in Korea, preparing readmission classification standard for Korean medical environment and additional methods for acquiring information by using discharge summary is need. Moreover, continued discussion with clinical specialists is needed for obtain clinical reliability and validity.

Informed Consent and Refusal of Treatment in Emergency Medical Situation (응급의료에서의 설명·동의 원칙과 응급의료거부죄)

  • Lee, Jung-eun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.37-80
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    • 2022
  • By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.