• Title/Summary/Keyword: 당사자관점

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An Economic Analysis of Commercial Arbitration from the Game Theory Perspective: Theoretical Analysis and a Case Study (게임이론을 통한 상사중재의 경제학적 분석: 이론과 사례)

  • Kim, Sung-Ryong;Hwang, Seok-Joon;Hwang, Uk
    • Korea Trade Review
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    • v.43 no.6
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    • pp.1-24
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    • 2018
  • This study analyzes the dispute settlement of between arbitration and litigation using a game theoretical approach. Many studies on arbitration have so far focused on the relevant institutions. However, there are few theoretical studies that have focused on the demand side of arbitration. The model presented here suggests conditions under which arbitration form a perfect Bayesian Nash equilibrium, provided that the players strategically choose a dispute settlement tool. Furthermore, the suggested model is used to analyze simple cases of international commercial dispute cases.

공공부문 소프트웨어사업의 대기업 참여제한 제도: 최근 연구결과 및 추가연구를 위한 제안사항 검토

  • Lee, Seung-Yul;Jeong, Tae-Hyeon
    • 한국벤처창업학회:학술대회논문집
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    • 2022.11a
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    • pp.209-215
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    • 2022
  • 디지털 전환(Ditigal Transformation)이 가속화되고 있는 가운데 소프트웨어는 변화를 이끄는 주요한 기반 기술로 자리매김했다. 이러한 흐름에 따라 정부도 미래 국가경쟁력 확보를 위한 국가 디지털 정책 로드맵을 발표하며 다양한 정책을 추진하고 있다. 성공적이고 지속 가능한 디지털 전환을 위해 정부와 민간이 함께 힘을 모으고 걸림돌이 될 수 있는 규제와 같은 요인에 대해서도 해결책을 찾아야 한다. 많은 규제 중에서 해결이 필요한 부분 중 하나는 국내 공공부문 소프트웨어 시장에 적용 중인 대기업 참여제한 제도가 있다. 제도가 시행된 이후부터 다양한 의견이 엇갈리고 특히 기업규모에 따른 이해당사자 간 사회적 갈등이 해결되지 않는 모습이다. 그동안 제도의 실효성과 영향도를 확인하고자 하는 여러 시도가 있었지만 보다 종합적인 관점에서 조망 가능한 검토는 이루어지지 않고 있다. 본 연구의 목적은 이러한 검토를 제공하고 이를 바탕으로 향후 대기업 참여제한 제도와 관련된 연구에서 추구해야 할 방향을 파악하는 것을 목적으로 한다. 제도의 입법이 시작된 2012년 이후부터 현재까지의 관련 문헌을 검토한 결과, 제도의 취지에 부합하는 중소기업 시장 참여 및 외형 성장 증가의 측면에서 긍정적인 부분이 확인된 반면 수익성 및 품질 저하, 시장구조 왜곡으로 인한 산업 전체 경쟁력 저하, 제도의 법리적 문제점 등 부정적인 부분이 다수 확인되었다. 종합적으로는 부정적인 영향 또는 제도에 대한 지적이 더욱 많은 것으로 나타났고 제도의 유지, 철폐 등의 향후 제도의 운영 방향에 대해서도 전반적인 연구에서 유지 보다는 철폐 또는 전면 개선 등의 의견이 다수를 이루었다. 이와 같은 결과를 토대로, 본 연구에서는 건전한 산업 생태계 조성을 통한 소프트웨어 경쟁력 강화를 위한 향후 연구 방향을 제시하고자 한다.

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The Active Way of Trauma: Receiving the Return of the Past (도래하는 과거를 수용하는 트라우마의 능동적인 방편)

  • Seoh, Gil-Wan
    • Cross-Cultural Studies
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    • v.41
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    • pp.33-56
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    • 2015
  • Trauma studies have provided useful models for dealing with the catastrophic and disastrous events that an individual and collective group experience. Most important of all, the perspective of post-structuralist trauma study, including Cathy Caruth, became a paradigmatic model and it has been applied to almost all contexts of life. The perspective of this study model, which is called an "event-based model of trauma," focuses on the literal registration of the traumatic event and the accurate and immediate recall of the past. The person directly involved in the event becomes the passive bearer transmitting the truth of a traumatic event. From this perspective, the traumatic subject only undergoes and endures the event and cannot play an active role in constructing trauma and dealing with it. Eventually, the truth of trauma has to be obtained at the cost of the traumatic subject's autonomy and the possibility of his/her agency. The problem here is that the truth, which is reencountered through the literal return of the past, obtained at the cost of the subject's autonomy, strikes a rather fatal blow to the person, than gives help for resolving many of matters surrounding traumatic experience and curing trauma. This suggests that the active way of dealing with trauma on the part of the traumatic subject, rather than the traumatic event itself, is demanded. Furthermore, because more recently, images of disastrous events were viewed "live" by audiences and an immediacy to the event is replicated in public discourse about them, the event becomes more immediately traumatic and there is a more strong presumption that people regard themselves as traumatic victims than before. This is the reason that we must explore an active way dealing with trauma on more human position at this time. This essay aims to examine the limits of the paradigmatic model of trauma study, an "event-based model of trauma," critically through a literary, theoretical text in which it reveals how the literal return of the traumatic past have a fatal effect on the victim; and hopes to suggest "the narrative memory" as a way to deal with trauma from a more humanistic perspective.

Challenges in Accordance with Current Law by the Enforcement of the Medical Dispute Adjustment Act (의료분쟁조정법의 시행에 따르는 현행법상의 해결과제)

  • Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.4
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    • pp.139-147
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    • 2014
  • Medical disputes the problem that occurs essentially among the rapidly increasing of the demand for health care and the attention of the public health. The subject of dispute is mostly criminal penalties and civil redress due to a physician's medical malpractice, resolved by agreement was prioritized. They trying to solve through the litigation and exercise the skills. But, the lack of clear standards and related legislation make difficult to solve the problem. for this, "The Act of Medical Malpractice Damage's Relief and Mediation for Medical Dispute Resolution" (Medical Disputes Adjustment Act) was enacted in April 7, 2011 and performed in Apr. 8, 2012. To solve the problem autonomously between the parties. It is the legislative intent such as mediation or arbitration to solve the conflict between the parties. But there are some problems that examined from the perspective of constitutional review with the criminal and civil problems. Therefore, this paper will find out the legal issues about Medical Dispute Adjustment Act and the constitutional and civil issues. And want to expect to be prepared the more stable and efficient solution of medical disputes.

The Study on Strategy Planning and Outcome of EA in the Public sector (공공부문 EA 추진성과와 발전방안에 관한 연구)

  • Lee, Jae Du;Kim, Eun Ju
    • Journal of Information Technology and Architecture
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    • v.9 no.2
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    • pp.155-166
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    • 2012
  • Recently EA(Enterprise Architecture) has been receiving growing attentions again from the public sectors. It is because EA maturity result is reflected to the organization's informatization level and EA maturity ratio has been enlarged. There has been more participation from the Chief Information Officers of the public sectors. EA research in the public sectors has influenced IT environment since the research started in late '90, the legislation work done in '05, and the maturity model developed in '06. However, there are some remaining tasks to solve. EA policy is introduction oriented, its contribution to the consecutive the best UN e-Government rank is limited, and its user-friendly responding system is still lacking. Related research outcomes are rather microscopic focusing only on the models and maturity than implicating on the public policy in a macroscopic manner. In this respect, this study will provide the implication on how EA policy should be. Requirements derived from EA stakeholders and the tasks will be arranged in accordance with its domain, then the performance and tasks will be demonstrated. As guiding EA stake holders and information related officers to setup the EA policy with these results, this study is expected to support information the policy drivers.

Changes in the Concept of Disability and its Implications for Social Work Practice (장애개념의 변화와 사회복지실천 현장 함의)

  • Kim, Yong-Deug
    • Korean Journal of Social Welfare
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    • v.51
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    • pp.157-182
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    • 2002
  • This study attempts to identify the changes in social reactions to disabilities in general, and to research the contextual implication of these changes in social work practice in Korea. In the early years after the Industrial Revolution, disability was conceived as social unfitness and it was assumed that the cause and responsibility could be attributed to people with disabilities. But, in the midst and late 20th century, social responsibility for people with disabilities was argued and generally accepted. As the results of these changes, conceptual models explaining disabilities have changed gradually; there has been a transition, so called, from individual model to social model. In a similar vein, WHO has refined the definition and classification of disability. Related to these changes, social welfare service paradigm for people with disabilities has shifted. This paradigm shift can be explained with the perspective of strength approach, empowerment approach, case management and independent living model. In Korea, 1998 Act on welfare for people with disabilities meant that social service for the disabled were categorized with, namely, residential service, community rehabilitation service and vocational rehabilitation service. Recently, the extent of these services has been rapidly broadened. In these situation, this study researched to identify the implications on social work practice in the context of changes in social response, conceptual model, definition and also service paradigm. Such as the followings are enumerated for the implications: disabled person's participation in assessment process, development of assessment tools focusing on social and environmental perspectives, reinforcement of information service helping self-determination, supporting on formal and informal helping network, expanding self-help programs and, finally, a shift from displacement model to support model.

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Past Affairs-Related Collective Memories and the Archival Justice : The Contemporary Rebuilding of the Archive on the Truth and Reconciliation Committee (과거사 집단기억과 '아카이브 정의' 진실화해위원회 아카이브의 동시대적 재구성)

  • Lee, Kyong Rae
    • The Korean Journal of Archival Studies
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    • no.46
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    • pp.5-44
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    • 2015
  • This article purposes to define archival justice and suggest democratic modeling of the archive on the Truth and Reconciliation Committee (TRC), which is focused on victims of state violence. These purposes come from critical mind that the absence of framework of the records management for collective memory would cause incorporation of TRC archives into mainstream archives systems in which voices of victims have been marginalized. This article intends to expand theoretical prospects of documentation of past affairs through applying humanistic and theoretical frameworks differently from institutional and policy approaches on restoration of collective memory. In order to do this, this article first considers archival justice as archives building in which state violence' victims are pivotal and then extracts theoretical frameworks for building the archives based on archival justice from recent discourses of post-colonial archives and community archives. As the next step, it criticizes current conditions of TRC archives in Korea on the basis of extracted theoretical frames and finally suggests realistic models in which each theoretical frame could be applied effectively into TRC archives that is focused on victims.

The Relationship with Electronic Trust, Web Site Commitment and Service Transaction Intention in Public Shipping B2B e-marketplace (해운 B2B e-marketplace의 전자적 신뢰, 사이트몰입 및 서비스 거래의도와의 관계성)

  • Kim, Yong-Man;Kim, Seog-Yong;Lee, Jong-Hwan;Shim, Gyu-Yeol
    • Journal of Global Scholars of Marketing Science
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    • v.17 no.4
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    • pp.113-139
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    • 2007
  • This study aims to, looking from a standpoint of network, has investigated the shipping industry's B2B e-marketplace, the characteristics that can earn electronic trust from the users, and characteristics of the web-site. It has examined the mechanism whereby electronic trust be earned and how it affects web-site involvement and service transaction intention. Ultimately, The study attempts to make proposals whereby such trust can lead for a cooperative trading community in the shipping industry's B2B e-marketplace The Covalence structural equation modeling was designed and empirically tested for the shipping industry's B2B e-marketplace. The shipping industry employees were given questionnaires and data were analyzed. Except for perceived security of the three characteristic factors on the web-site, the perceived site quality and characteristics factors in operation only affected co-variables. Transaction Fairness was determined to be the most important factor among exogenous factors increasing electronic trust. With regards to transaction rules, if a transaction is beneficial only to one side, then no long term transaction will not take place. If the concerned parties properly recognize that transaction fairness is crucial to electronic transaction, then it will enormously contribute to successful operations of shipping e-marketplace. Also, Perceived efficiency in transaction also affects electronic trust. This reduces transaction costs and speeds up and simplifies the transaction process. It has reduced greater time and costs than existing off-line transaction, and would positively affect electronic trust. By making an open forum for participants to obtain information for transaction, they can gather useful information, and at the same time, the web-site operator can provide information, which, in turn, will increase electronic trust in electronic transaction. Furthermore, such formation of trust in electronic transaction influences shipping companies in such a way that they will want to continuously participate in the transaction, raising web-site involvement. The result of increased trust is that shipping companies in the future will do business with each other and form a foundation for continuous transactions amongst themselves. Consequently, the formation of trust in electronic transaction greatly influences web-site involvement and service transaction intention. The results of the study have again proved that in order to maintain continuous business relationship with the current clients, electronic trust in virtual space, which operates the shipping industry's B2B e-marketplace, is important for the interested parties.

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Study on influence factors of Relational Learning and Relational Performance - Focusing on Export/Impart Enterprises - (기업의 관계학습 영향요인과 관계성과에 관한 연구 - 수출/내수기업의 성과비교를 중심으로 -)

  • Kim, Seung-Rok;Jung, Hun-Ju;Stanfield, Joseph Lee
    • International Commerce and Information Review
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    • v.18 no.3
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    • pp.155-179
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    • 2016
  • The rapid changing technology and globalization allow consumers get information and new products or services faster, have more choices than before, which might be causing more competitive and more uncertain demand. The relationship quality between enterprises positively influence the relational performance. Through this research, enterprises should realize the importance of relationship learning to improve the competitive advantage. Also this research provide the strategic solutions to promote the relationship learning. this is considered to be able to present an improved directionality of the relationship between the buyer and the supplier. In addition, from the perspective of policy, this research provides implications for large enterprises and SMEs to promote their coexistence relation. The empirical model of this paper is established on basis of previous research. The empirical results show that: first, as the influence factors, relation solidarity level, environmental uncertainty, learning intension affect relationship learning, whilst special transaction assets influence information shared and relationship memory and have no effect on mutual understanding; second, relationship learning influence on relational performance and this influence relation becomes stronger if the relationship trust is higher.

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Social Constructive Analysis and Implication on the Korean Child Protect System (한국의 아동보호사업에 대한 사회구성주의적 접근과 함의)

  • Kim, Hyunok
    • Korean Journal of Social Welfare
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    • v.65 no.4
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    • pp.91-114
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    • 2013
  • The purpose of this study was to draw social constructive implications for the child protect system(CPS) in Korea. As the value of social constructivism for child protect system, the participation and the negotiation were identified through theoretical research. And this paper examined how the participation and the negotiation were done in other government's child protect policies. In addition, the focus group members were interviewed. 11 child protect practitioners and researchers were interviewed about the problems of child protect system, law and policies, and they discussed how the participation and the negotiation were done in Korean child protect system. The result of the discussion were as follows. The democratic relationship must be reconstructed through the participation and negotiation in CPS, Korea lacks of legal basis to force the abusers to participation. And in our country, negotiation parties for children cannot be recognized. Finally, the amendment of the law and regulations concerned with the child protect system were proposed based on the FGI's discussions.

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