Reorganization Plan Research Articles

The Principles of the Insolvency Procedure in Romania

The insolvency law in Romania is one with tradition, its first form being adopted in 1995. At that time, although no principles were expressly stipulated to govern this procedure, they could somehow be deduced from the interpretation of the legal norms. The legal consecration of the principles of the insolvency procedure can only be found in Law No. 85/2014, still in force today. It should be mentioned that Law no. 216/2022 amended the legal rules regarding the principles applicable to insolvency. These principles can be summarised as follows: encouraging negotiations regarding the prevention of insolvency, maximising the debtor's wealth, enabling effective restructuring, efficiency, reasonableness in the procedure, insolvency of the creditor mass, transparency and predictability, pro rata and pari passu rules, credit risk limitation, the superpriority of financing in the procedure, a representative and fairly assumed reorganisation plan, useful and efficient capitalisation, procedural coordination in the matter of the group of companies and legality control. Keywords: Insolvency; Principles; Rules.

Judicial Moderate Intervention in Information Disclosure of Bankruptcy Reorganization Plan Voting in China

Judicial Moderate Intervention in Information Disclosure of Bankruptcy Reorganization Plan Voting in China

아동에 대한 정서적 학대행위의 형사처벌에 관한 소고

Recently, teachers' disciplinary behavior at the school site has been recognized as emotional abuse, and criminal justice cases have occurred repeatedly, raising the question of how to distinguish between discipline and abuse. This is because, in the case of emotional abuse, even if it is conducted for the purpose of discipline with the fundamental ambiguity and abstraction of the term, the teacher's words or actions toward the child can be regarded as emotional abuse because they affect the child emotionally in some form. This confusion is being raised because the law does not clearly define the concept of child abuse and does not even describe examples of detailed types of abuse. Moreover, this phenomenon is intensified by 「Act on Special Cases Concerning the Punishment of Child Abuse Crimes」 enacted on January 28, 2014, which considers prohibited acts under 「Child Welfare Act」 as child abuse crimes. In particular, in the case of emotional abuse, unlike in the case of physical and sexual abuse, the limitations of neglect are not clear due to its own ambiguity and abstraction, and this phenomenon is more prominent.
 Accordingly, this paper first examined precedents, academic attitudes, and major foreign legislation on the standards of criminal punishment for emotional abuse as a type of child abuse crime. And based on this, a concrete plan for reorganization of criminal punishment regulations on emotional abuse was proposed to reasonably cope with emotional abuse. Also, in relation to the protection of teaching rights, the requirements for exemption from the discipline and guidance of guardians such as parents and teachers, which have recently been controversial, were presented.

A proposal for selecting target buildings for the reorganization of public housing using a depth‐first search algorithm with recursive functions

AbstractWe improved a method to support more general and rational reorganization planning, demonstrating its practicality through application to Kobe municipal housing complexes. We initially developed a cost‐effective algorithm using depth‐first search, enabling the consideration of a larger pool of dwelling units and houses for reorganization. We then ensured the algorithm accounts for practical constraints by grouping sale sites together and considering proximity to roads, thereby deriving more viable combinations. Furthermore, we clarified the break‐even point for the reorganization projects, allowing for an assessment of project feasibility from a profitability standpoint.

Study of urban edge for the intervention of informal settlements in the southwest periphery of Guayaquil

The urban fabric of Guayaquil is intertwined with the meanders of the Guayas River, where estuaries such as Puerto Lisa, as a scene of prone in-formal settlements on the banks of the estuary, have challenged urban planning and generated a negative impact on the environment and quality of life of their habitants. This article arises in response to the challenges posed by the invasion of estuaries due to informal construction practices, which have triggered a dis-parity between the urban environment and the ecosystem. We face the urgency of addressing this problem that has transcended local borders to become a glob-al phenomenon that affects developing cities. The Puerto Lisa estuary, located in the suburb of Guayaquil, has become an epicenter of these transformations, experiencing accelerated growth of settlements that challenge the sustainability and quality of life of its inhabitants. The relevance of this research lies in the search for strategies that make appropriate land use compatible, satisfying the needs of the community, and at the same time revitalizing the natural landscape of the Puerto Lisa estuary. It is a call to rethink urban planning, promoting sus-tainable development that harmonizes urban growth with environmental preser-vation. Throughout these pages, we will explore the current conditions of in-formal settlements, identify key challenges and problems, and propose a com-prehensive reorganization plan. It is concluded that the integration of the estu-ary generates integration of the public space of human settlements and promotes productive local development by articulating new regularized housing processes in safe areas of the estuary.

경찰의 재난관리 역할에 관한 연구

According to Article 34 of the Constitution, Korean state agencies have the responsibility and duty to protect the people from all disasters and crises regardless of whether they are natural or social disasters. Previously, the police centered on public security activities such as protecting people's lives, bodies, and property, and maintaining order. In line with social changes since the 2000s, various activities including disaster management have been carried out. However, there are difficulties in performing the currently given disaster management tasks in the unique role and mission of the police in performing disaster management activities. Terrorism, serial explosions, large-scale traffic accidents, etc., which fall under social disasters, do not have any difficulties in carrying out disaster management tasks related to the duties and activities of the police. However, when various disasters, including natural disasters, occur, the police are required to perform various activities such as rescue and restoration. Therefore, this study analyzed the actual situation of the police's disaster management activities, identified problems in the field of disaster management of the police, and suggested a role for efficient disaster management. First, unification of disaster management was suggested considering the role and duties of the police. Second, in the role of disaster management, amendment of laws and strengthening of preventive activities were suggested so that the focus could be on prevention. Third, an organizational reorganization plan was presented to improve the efficiency of preventive and response activities in the field.

A METHOD FOR SELECTING RESIDENTIAL BUILDING FOR REORGANIZATION PLAN OF PUBLIC HOUSING USING DEPTH-FIRST SEARCH ALGORITHM WITH RECURSIVE FUNCTION

A method to support rational reorganization planning was improved to be more generic, and its practicality was clarified by applying it to Kobe municipal housing complexes. First, we developed a computationally inexpensive algorithm that applies depth-first search, allowing us to consider a larger number of dwelling units and houses for reorganizing. Then, “the sale site is grouped together” and “the site abuts a road” are taken into account, allowing more practical combinations to be derived. Furthermore, the break-even point of the reorganizing project was clarified so that the feasibility of the project could be examined from the viewpoint of profitability.

1970년대 용인의 도시 성장과 공간구조 변화

This article examines the urban growth of Yongin in the 1970s and the resulting changes in the spatial structure of the region. Yongin, a quiet rural area near Seoul, was converted into an urban space due to the construction of expressways. After the opening of the Seoul-Singal section of the Gyeongbu Expressway in 1968, Giheung-myeon(township), the western region of Yongin, was incorporated into the urban planning area of Suwon, which was geographically adjacent to it. Since then, the spatial structure of Giheung-myeon had been planned in connection with the Suwon City Plans. Following the conversion of the urban planning policy of the ROK government in 1974, the eastern part of the Gyeongbu Expressway was excluded from the Suwon urban planning area, however, it was able to establish Singal's own urban planning according to the “Guidelines for Urban Planning for Myeon-class Cities.” Since then, the Singal area had maintained the framework of urban planning designed in 1975 and reorganized urban spaces in line with the reality that industries in the region are growing. In the southern part of Giheung-myeon, tourist and residential areas were created near the expressway and Singal Reservoir. With the construction of the Giheung Housings and the Korean Folk Village, the southern Giheung became a representative tourist destination near Seoul. However, the area was easy to be a target for urban sprawl after then, because it was not included in either the Suwon urban planning zone or the Singal planning zone.
 The Yongin-myeon area, at which the Yongin-gun(county) office was located and a city was previously formed, had undergone a transition to an industrial city since the opening of the Yeongdong Expressway in 1971. Yongin-gun designated industrial areas near the Yeongdong Expressway through urban planning, moved and relocated factories to the areas, and secured residential areas to create housing sites for factory workers. Since the establishment of the Reorganization Plan in 1974, the Yongin-myeon urban planning had maintained the structure of strengthening industrial functions and reorganizing urban areas to support them. Due to such urban growth, Yongin-myeon was able to form a single living sphere as a self-sufficient city, but it did not form a single urban area covering the Giheung region. The current disconnection and conflict between the eastern and western Yongin is also a result of such urban growth in the 1970s.

Factors influencing Brazilian sugar and ethanol refineries’ failure

Purpose This study aims to examine the dimensions of organisational failure in the Brazilian sugarcane and ethanol refineries, as reported in judicial recovery plans. Design/methodology/approach This paper follows a qualitative, inductive approach that uses content analysis to examine the details of recovery plans. Besides, a cause-and-effect relationship diagram is proposed, making it possible to identify the interconnections between the identified variables. Findings There is evidence that organisational failures are not a linear outcome. Organisational failures are complex and occur because of several factors, often interdependent and operating at different levels. Research limitations/implications Organisational failures basically have three interrelated levels: the macro-level (external environment), the meso-level (organisational environment) and the micro-level (associated with the decision-maker). The relationship between these levels is not trivial and involves coordinated research efforts. Practical implications Organisations must consider all types of failure levels when developing business reorganisation plans. Reorganisation plans are more than a formal document to achieve judicial recovery, as they should incorporate strategic factors. Social implications Organisational failures are regularity in organisations’ day-to-day. Understanding failure’s sources is vital to design firms’ strategies and public policies. Originality/value The study of organisational failure involves the analysis of complex and multidimensional phenomena. Judicial recovery plans are the means for companies to get a second chance. To that end, this paper addresses the sources of organisational failures through the lens of judicial plans.

The economics of prepackaged bankruptcy

The economics of prepackaged bankruptcy

Prepacks as a mechanism for resolving financial distress: The evidence

Prepacks as a mechanism for resolving financial distress: The evidence

Examination of reorganization plan of public housing in large city based on data of households moving in each building—Considering the ease of moving to a neighborhood and reconstruction costs

AbstractA method for formulating a rational reorganizing plan was examined. The first approach involved statistically determining the reorganization priority, which was applied to all public housing residential buildings in Kobe city to confirm its effectiveness. The second approach entailed creating a program that automatically ranks all combinations of housing units under consideration for reorganization, based on the required reconstruction costs and the potential for reducing the number of dwelling units and buildings. When this program was applied in the area, it yielded combinations of housing units that could reorganize more dwelling units at a lower cost.

The success in reorganization: Decision of Board Dependent

The paper empirically investigates whether the success in the reorganization is contingent on the decision of the statutory body to provide specific measurements according to insolvency law in the dataset of 236 insolvency reorganizations in the Czech Republic conducted between 2009 and the end of 2021. It focuses on the dependence between success in the reorganization and the decision of the statutory board of the company about measurement in the insolvency proceeding. The author assumes that the decision to propose a reorganization plan involving measurement realized immediately after its acceptance leads to a higher probability of success of this plan in an insolvency proceeding. It takes into account the time, size and ratio of creditor’s satisfaction as an indirect variable.

Zarys dziejów klasztoru św. Michała Archanioła mniszek dominikańskich w Kamieńcu Podolskim (1708–1866)

The outline of the history of St Michael the Archangel’s Monastery of Dominican nuns in Kamianets Podilskyi (1708–1866) The Dominican monastery in Kamianets Podilskyi was the last pre-partition foundation on Polish land established by the nuns of the Order of Preachers. Józef Mocarski, provincial prior of the Dominican Ruthenian province, in 1708 founded the monastery for the nuns of his order in the recently recovered from the Turks (on the strength of the Treaty of Karlowitz) Kamianets Podilskyi. It was the easternmost Catholic monastery. It included nuns only of noble Polish origin; they were daughters of Podolia noblemen. In 1721 the process of setting up the monastery was completed and it was also then that a small convent church was consecrated, whose patron became St Michael the Archangel (patron of Ruthenia and the Dominican Ruthenian province). The Dominican nuns from Kamianets led contemplative life in strict enclosure. The monastery did well until the decline of the Commonwealth of Poland. In 1787 the monastery was threatened with closing as part of the plans to modernize the Kamianets fortress, which was to be strengthened with the buildings of city convents. Eventually, the nuns were not displaced, as the reorganization plans were not carried out. In 1793 Kamianets Podilskyi was taken over by Russians and the partition period started. Although the monastery was wealthy, the Dominican nuns started to struggle with various problems. A crisis of vocations appeared, which in 1822 was overcome through bringing three nuns from the monastery in Novogrudok, but in 1833 the situation repeated itself. However, a monastery school was set up, which gave the nuns some financial support. In 1839 the last vestition of two nuns took place, and in 1842 on the strength of a tsar’s decree the novitiate was closed, which was an indication of the monastery’s near demise. The monastery obtained a long-range status and existed until the closure of the Kamianets diocese in 1866. Then eight Dominican nuns were sent to the Carmelite nuns of old observance in Dubno, where there was a long-range monastery. That status was lost in 1890 and then the nuns residing there were relocated to the Benedictine nuns monastery in Sandomierz. It was then that three years later the last Dominican nun from Kamianets, Joanna Austutowiczówna, died, closing the history of her convent.

Bilevel optimization for the reorganization of inland river ports: A niche perspective

To address the problems of duplicate construction, disorderly competition, small scale, and weak functionality, we examine the reorganization optimization of an inland river port group to realize its coordinated development. Considering port customers' decision-making behaviors, we propose a bilevel programming model for inland river port group reorganization based on niche theory. More specifically, an upper-level model is used to develop a reorganization plan, including the inland river port spatial layout and expansion extent, to maximize the value contributed by the port group to its region and industry and minimize the competition among the ports from the perspective of port management. More specifically, two upper-level objectives can be creatively measured by niche breadth and niche overlap. A lower-level model oriented to port customers aims to reduce their respective logistics costs by designing a transportation plan and providing feedback to the upper-level model to facilitate adjustments for port group reorganization. Since the dynamic interaction between the upper- and lower-level models significantly increases model complexity, we develop a hybrid heuristic algorithm by incorporating a genetic algorithm and an exact solution method. To verify the applicability of the proposed model and the efficiency of the developed hybrid approach, we conduct a series of numerical experiments on a real-world case study concerning Jining City, Shandong Province, China. Our case study also provides managerial insights into investment scale, land-use intensification, and the balance of planning objectives that may be useful for port managers.

Does the mixed‐ownership reform improve the productivity of state‐owned enterprises? Evidence from companies listed in Chinese stock

AbstractThe Chinese government initiated a new round of state‐owned enterprise (SOE) reform in 2015 to improve SOE's performance with a focus on introducing multiple ownership shareholders and strategic partners, known as the mixed‐ownership reform (MOR). This paper examines the policy effectiveness of the current MOR, an ongoing quasi‐experiment, for listed SOEs’ productivity from 2011 to 2019 using a time‐varying difference‐in‐difference (DID) approach. Overall, the total factor productivity (TFP) of SOEs selected as pilots by the government improved significantly by 14.57% after the reform compared to other SOEs, providing evidence for the positive role of the current MOR. This positive impact is prolonged and tends to increase in the post‐reform years. A series of robustness checks show that our empirical specification satisfies the basic assumptions of DID and our findings are robust. By comparing the two reform strategies in the MOR, we find that the restructuring and reorganization plan is the primary channel driving TFP growth, showing a 0.4% improvement after the reform, rather than the employee stock ownership plan. We also investigate the impact of MOR on other financial and non‐financial indicators, but we only find a significant increase in the profitability of SOEs’ assets.

DEVELOPMENT OF A WORKSHOP METHOD FOR CONSENSUS BUILDING ON THE REDUCTION OF THE PUBLIC FACILITIES

In reorganization of public facilities, there is no established method to get inhabitants’ consensus although it is the most important. This study develops the workshop method by case study in a largely merged city. The evaluation survey identified the need to share workshop objectives, importance of time allocation and discussion continuity in workshops, and the need to functional considerations in each room. Finally, we constructed a workshop flow model. In the first workshop they would discuss on from the whole to individual facilities, followed by facility evaluation and reorganization methods in next workshops. Then, the reorganization plan would be summarized.

The Washington Command Post of Intelligence: The Bureaucratic Rivalries That Influenced the National Security Act of 1947

Historians often frame President Truman’s decisions to disband the Office of Strategic Services (OSS) and to form the Central Intelligence Agency (CIA) as the consequence of strategies developed to counter foreign enemies, including fascists and communists, or involving concerns over civil liberties. Relatively few scholars, by contrast, have examined the institutional development of intelligence organizations and the roles that bureaucratic rivalries and governmental factors played in influencing Truman and the development of the postwar national security state. This paper examines interagency conflicts, policymakers’ personalities, departmental jurisdictions, and prior and institutional experiences. The primary rationale behind the creation of the OSS was to remedy the uncoordinated nature of departmental intelligence. The creation of the OSS in 1942, however, considerably worsened rivalries, and led to its termination almost immediately following the war. After months of hesitancy, Truman concluded that formalized central intelligence was the only way to address these rivalries and thus ordered the various intelligence agencies to formulate a plan for a modern, postwar intelligence structure. Making use of declassified government documents and policymakers’ correspondence and memoirs, this paper addresses the degree to which these bureaucratic rivalries and intragovernmental factors helped construct the national security state. By doing so, this paper sheds light on contemporary issues of intelligence failures, government reorganization plans, and the expanding national security apparatus.

“The most ideal form of scientific collaboration”: Applied racial psychology at the Institut für Deutsche Ostarbeit in Kraków (1942)


 
 
 In August 1942, anthropologist Elfriede Fliethmann and psychologist Ferdinand Carspecken tried various standardized psychological tests during a field examination in the Southern Polish town of Witów. Sources suggest that subsequent studies were intended to provide a “scientific” justification for the regime’s ethnic reorganization plans, similarly to a study in the Reichsgau Wartheland by psychologist Rudolf Hippius in the same summer. By employing a comparative mode of enquiry, the case study presented here gives a rare insight into then newly established scientific field: on the interface between anthropology and psychology, the concept of Rassenpsychologie (racial psychology) aimed to close the proclaimed gap between the natural sciences and humanities. Due to its fundamental conception the field was thus predestined to serve the Nazi regime. Investigating specific research practices of the (junior) scientists involved helps us under- stand further development of the concept of race, and thus the foundation of National Socialist ideology.
 
 

제주형 이원적 자치경찰제에 따른 제주자치경찰단의 조직구조 개편과 위상 강화 방안 모색

이 연구에서는 제주자치경찰제의 긍정적 유산을 계승하고, 현재의 제주형 이원적 자치경찰제가 진정한 의미의 이원화 자치경찰제로 거듭나기 위한 제주자치경찰단의 조직구조 개편모델과 위상제고 방안을 논의하였다. 분석결과, 이 연구에서는 두 가지의 조직구조 개편모델을 도출하였다. 먼저, 「모델 1」은 제주자치경찰단을 과거 제주자치경찰제의 4단계 확대 시범 운영 당시의 조직규모와 사무범위로 확대하는 방안이다. 「모델 2」는 제주자치경찰단을 자치경찰본부 수준으로 직제를 확대하여 제주도경찰청의 자치사무는 물론, 나아가 지역경찰(지구대·파출소) 조직을 모두 제주자치경찰단의 사무로 통합하는 것이다. 무엇보다도 지방자치와 지방분권이라는 자치경찰제가 추구하는 근본적 이념에 부합하는 자치경찰제를 구현하기 위해서는 원칙적으로 「모델 2」의 방안으로 나아가는 것이 타당할 것이다. 다만, 「모델 2」는 관련된 많은 법률의 개정이 필요하다는 단점이 있으며, 관계기관 간 이견이 장기간에 걸쳐 조율되어야 하는 방안이라는 한계가 있다. 따라서 현실적으로는 「모델 1」의 방안으로 자치경찰단의 위상을 재정립할 필요가 있다. 특히, 현재의 제주형 이원적 자치경찰제 하에서는 「모델 1」의 방안을 적극 추진하는 것이 실현가능성이 있을 것이라고 본다. 이를 통해 과거 4단계 시범실시 과정과 같이 국가경찰의 일부 인력을 자치경찰단으로 이관하도록 하고, 이와 함께 자치경찰의 신규 인력을 충원함으로써 제주자치경찰단의 사무범위를 점차 확대해 나가는 것이 타당할 것이다.