• Title/Summary/Keyword: 단체소송

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International Comparison of Anti-Discrimination Laws on Disability (장애에 관한 차별금지법 국제비교)

  • Ju, Youngha
    • Journal of Digital Convergence
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    • v.19 no.12
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    • pp.469-475
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    • 2021
  • The purpose of this study was to compare the elements of anti-discrimination laws on disability in major OECD countries. This study used the analysis framework for the elements of the anti-discrimination law on disability presented in the national report of Chopin et al.,(2018). In addition, It was analyzed including the Anti-Discrimination Act on Disability, the General Anti-Discrimination Act including Disability, the Equality Act in the UK, and the Human Rights Act in Canada. The research results were as follows. In Austria, Belgium, France and Sweden, it were found that the countrys satisfied all of the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment', 'Legal standing to act on behalf of victims', 'Legal standing to act in support of victims' and 'Prohibition of victimisation'. In particular, in Korea, 'Legal standing to act on behalf of victims' and 'Legal standing to act in support of victims' were not included. However, it was a country that satisfied the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment' and 'Prohibition of victimisation'. Finally, this study suggested legal and institutional supplementation.

미국의 연구개발의 전성기는 지났는가?

  • Korean Federation of Science and Technology Societies
    • The Science & Technology
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    • v.10 no.10 s.101
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    • pp.12-20
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    • 1977
  • 연구 개발 자본으로 생활을 하고 있는 미국은 그 자본이 점점 부족되고 있다는 사실에 머지않아 직면하여야 한다. 이 말은 스텐포오드 연구소 소장 찰스 에이 앤더슨씨가 1971년 8월22일자 누우요오크 타임지에서 한말이다. 앤더스씨가 말한 이 추세는 점점 과속화되고 있는 것 같다. 미국 과학재단의 과학지표에 의하면 미국은 생산성에 있어서나 새로운 기술개발에 있어서 우위를 급속히 상실하고 있다. 이 보고서는 증거로써 다음과 같은 사실을 인용 하고 있다. 1960년과 1974년 사이에 생산성에 있어서 미국의 우위는 미국의 가장 가까운 경쟁자인 블란서 보다 거의 2배였던 것이 이제 20%-25%로 떨어졌다. 미국 특허현황(미국인에게 내준 외국 특허에서 외국인에게 내준 미국특허를 뺀것)은 1966년 이래 30% 감소 되었다. 미국은 연구개발에 종사하는 과학기술자의 수가 최근에 감소된 유일한 주요연구 개발국이다. 기술개발에 있어서의 이와같은 둔화는 기업과 정부에 대한 점증하는 압력과 관련이 있는 것 같다. 스텐포오드 연구소의 기업정보 프로그램 이사인 파올 쉬에이씨는 오늘날 거의 모든 연구소들이 정부, 기업 ,대학 및 교회의 공격을 받고 있다고 지적한다. 쉬에이씨는 「아마 가장 두드러진 예는 기업들이 규제당하는 정도일 것이라고 」말한다. 새로운 그리고 더 엄격한 표준이 가치변경결과와 정부에 가해지고 있는 일반의 요구로 인해서 부과되고 있다.고 말한다. 그는 게속해서 「10년 전에는 몇 사람이나 회사에 대한 계급소송, 확인소송 도는 환경소송이라느 말을 들었겠는가?」그러나 오늘날 대부분의 회사가 한 두 가지의 이와같은 법적인 도전에 직면하고 있다고 한다. 기술까지도 공격을 받고 있다. 끝없는 기술평가 진술서를 요구하는 환경보호론자들의 요구는 회사들이 핼발전소, 근해석유 시추와 같은 사업에 투자하는 것을 점점 거리게 만들고 있다. 반면 에너지 위기는 더욱 심해지고 있다.

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A Case Study on the Investor-State Dispute Relevant a Public Policy and the Domestic Implications (공공정책 관련 ISD 소송의 국내적 시사점 연구 -우리나라 관련 ISD사건을 중심으로-)

  • Kim, In-Sook
    • Journal of Legislation Research
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    • no.55
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    • pp.193-237
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    • 2018
  • The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

월드워치

  • Korea Crop Protection Association
    • Life and Agrochemicals
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    • v.27 no.4 s.217
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    • pp.36-38
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    • 2006
  • 중국, 對일 농산물 수출기업 대상 연수 실시/ 세계 농약시장, 3년 연속 증가/ 일본, 지역특산물에 대한 농약관리법 특례 종료/ 中상해시, 오염된 밭 농산물 생산 금지/ 영국, 농약사용 규정 개정/ 美소비자단체, GM작물 철회 위한 농무성 소송/ 中운남성 중소기업, 메콩강 유역국가와 경제관계 강화

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동물약계

  • 한국동물약품협회
    • 동물약계
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    • no.65
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    • pp.3-4
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    • 1999
  • [ $\cdot$ ]한국동물약품공업협동조합 임시총회 개최 예정 $\cdot$협회 제7차 이사회 개최 $\cdot$행정소송 진행사항 $\cdot$'돼지콜레라박멸비상대책본부' 공익성 기부금 대상단체 지정 $\cdot$EDI에 의한 수입요건확인(추천) 의무화 $\cdot$생물학적제제 수급 협의회 $\cdot$사료의 안전성 확보를 위한 품질관리제도 국제 심포지움 개최 예정

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The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer (소비자법 내에서의 소비자기본법상 집단분쟁조정제도의 역할과 과제)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.139-163
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    • 2008
  • The Collective Dispute Mediation was introduced to Korea with complement the Verbandsklage which was said to be poor at monetary compensation for consumers' damages. and The Collective Dispute Mediation also seems very likely to the class action, but one can resolve the dispute before filing a law suit under the Collective Dispute Mediation. The validity of the Collective Dispute Mediation is the same as the "settlement in court". After reaching the Collective Dispute Mediation, one may have a right to ask the compulsory execution. Under the Collective Dispute Mediation the damaged party must take part directly in the dispute, because the Collective Dispute Mediation is also included in the dispute resolution. Therefore a problem that how can the damaged consumer, who do not directly take part in the dispute process, get the remedy alternatively may arise. However, this problem is solved by Compensation Plan Letter which is described in the "Framework Act on Consumer". By the Compensation Plan Letter, the person who do not directly take part in the dispute process can be remedied ex post facto(Article 68). This thesis is study on The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer in our state.

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The Jurisdictional Precedent Analysis of Medical Dispute in Dental Field (치과임상영역에서 발생된 의료분쟁의 판례분석)

  • Kwon, Byung-Ki;Ahn, Hyoung-Joon;Kang, Jin-Kyu;Kim, Chong-Youl;Choi, Jong-Hoon
    • Journal of Oral Medicine and Pain
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    • v.31 no.4
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    • pp.283-296
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    • 2006
  • Along with the development of scientific technologies, health care has been growing remarkably, and as the social life quality improves with increasing interest in health, the demand for medical service is rapidly increasing. However, medical accident and medical dispute also are rapidly increasing due to various factors such as, increasing sense of people's right, lack of understanding in the nature of medical practice, over expectation on medical technique, commercialize medical supply system, moral degeneracy and unawareness of medical jurisprudence by doctors, widespread trend of mutual distrust, and lack of systematized device for solution of medical dispute. This study analysed 30 cases of civil suit in the year between 1994 to 2004, which were selected among the medical dispute cases in dental field with the judgement collected from organizations related to dentistry and department of oral medicine, Yonsei university dental hospital. The following results were drawn from the analyses: 1. The distribution of year showed rapid increase of medical dispute after the year 2000. 2. In the types of medical dispute, suit associated with tooth extraction took 36.7% of all. 3. As for the cause of medical dispute, uncomfortable feeling and dissatisfaction with the treatment showed 36.7%, death and permanent damage showed 16.7% each. 4. Winning the suit, compulsory mediation and recommendation for settlement took 60.0% of judgement result for the plaintiff. 5. For the type of medical organization in relation to medical dispute, 60.0% was found to be the private dental clinics, and 30.0% was university dental hospitals. 6. For the level of trial, dispute that progressed above 2 or 3 trials was of 30.0%. 7. For the amount of claim for damage, the claim amounting between 50 million to 100 million won was of 36.7%, and that of more than 100 million won was 13.3%, and in case of the judgement amount, the amount ranging from 10 million to 30 million won was of 40.0%, and that of more than 100 million won was of 6.7%. 8. For the number of dentist involved in the suit, 26.7% was of 2 or more dentists. 9. For the amount of time spent until the judgement, 46.7% took 11 to 20 months, and 36.7% took 21 to 30 months. 10. For medical malpractice, 46.7% was judged to be guilty, and 70% of the cases had undergone medical judgement or verification of the case by specialists during the process of the suit. 11. In the lost cases of doctors(18 cases), 72.2% was due to violence of carefulness in practice and 16.7% was due to missing of explanation to patient. Medical disputes occurring in the field of dentistry are usually of relatively less risky cases. Hence, the importance of explanation to patient is emphasized, and since the levels of patient satisfaction are subjective, improvement of the relationship between the patient and the dentist and recovery of autonomy within the group dentist are essential in addition to the reduction of technical malpractice. Moreover, management measure against the medical dispute should be set up through complement of the current doctors and hospitals medical malpractice insurance which is being conducted irrationally, and establishment of system in which education as well as consultation for medical disputes lead by the group of dental clinicians and academic scholars are accessible.