• Journal of Arbitration Studies
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• v.21 no.1
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• pp.73-86
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• 2011

Today's arbitrations see themselves as the most effective scheme for dispute resolution in a variety of transactional context. While some kind of ADR system was already introduced in Korea as of 2007 with revision of the Consumer Basic Law, consumers' needs in dispute resolution remain unmet. Recently one consumer arbitration case divides the U.S. Supreme Court. Of course, the result of the case is expected to affect tens of millions of arbitration agreements in the States which has the most developed scheme in consumer arbitrations. While Arbitration clauses in adhesion contracts are not automatically held to be substantively unconscionable, Class action waivers are one of the most controversial issues in consumer arbitration. In this study, with the theoretical background of consumer arbitrations general, and contractual defenses against adhesive contracts, reviewed are U.S. federal courts' attitudes toward certain consumer arbitration agreements including the class arbitration waiver. Moreover, several issues in AT&T case are examined for practical implications for consumer dispute resolution. All of these are expected to initiate further research to find some guidelines for the proper status and operation of consumer arbitration here in Korea.

• Clinical and Experimental Pediatrics
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• v.49 no.3
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• pp.312-316
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• 2006

Purpose : Growth hormone(GH) has been recognized as an effective treatment for short children born small for their gestational ages(SGA), and nowadays it has been widely used for the treatment of short children born SGA. The aim of this study is to assess the efficacy of GH treatment for the children born SGA. Methods : The study population was made of 40 short children born SGA with GH-treated(n=26) and untreated control group(n=14). In order to evaluate the effect of GH treatment, the changes in standard deviation scores(SDS) of the GH-treated group were compared to the changes in SDS before and after treatment from the control group in the same period. Results : There were no differences between the GH-treated group and the control group in gestational age, birth weight, chronological age, target height and the period of follow-up observation; however, the GH-treated group had lower height SDS($-3.3{\pm}0.9$) than the control group($-2.4{\pm}0.4$) before treatment(P<0.05). The GH-treated group had gained $1.2{\pm}1.0$ height SDS during GH treatment while the control group had gained $0.5{\pm}0.6$ height SDS. In the GH treatment group, HDL-cholesterol increased from $48.5{\pm}9.9mg/dL$ to $56.1{\pm}8.7mg/dL$(P<0.05) and LDL-cholesterol decreased from $88.1{\pm}23.3mg/dL$ to $76.4{\pm}19.4mg/dL$(P<0.05) after treatment. There were no changes in total cholesterol, triglyceride, free fatty acid and fasting blood sugar. IGF-I increased from $224.9{\pm}191.3{\mu}g/L$ to $443.2{\pm}152.5{\mu}g/L$(P<0.05) and IGFBP-3 also increased from $3.7{\pm}1.3mg/L$ to $5.6{\pm}1.2mg/L$(P<0.05). Conclusion : We conclude that growth hormone treatment is effective in the treatment of short children born SGA.

• Journal of KIISE:Software and Applications
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• v.28 no.9
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• pp.662-668
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• 2001

Since the problem of disproving a tautology is as hard as the problem of proving it, no polynomial time algorithm for falsification(or testing invalidity) is feasible. Previous algorithms are mostly based on either divide-and-conquer or graph representation. Most of them demonstrated satisfactory results on a variety of input under certain constraints. However, they have experienced difficulties dealing with big input. We propose a new falsification algorithm using a Merge Rule to produce a counterexample by constructing a minterm which is not satisfied by an input expression in DNF(Disjunctive Normal Form). We also show that the algorithm is consistent and sound. The algorithm is based on a greedy method which would seek to maximize the number or terms falsified by the assignment made at each step of the falsification process. Empirical results show practical performance on big input to falsify randomized nontautological problem instances, consuming O(nm$^2$) time, where n is the number of variables and m is number of terms.

• The Journal of the Korea Contents Association
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• v.20 no.2
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• pp.226-239
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• 2020

The study seeks to present ways to form and express political opinions while monitoring, regulating and critically accepting the production and distribution of false information and platforms, which are spread channels, through the participation of citizens. First, it logically identified the unfairness of legal regulations on false information. In other words, it is often practically impossible to judge whether false information is false or not, and even false information can sometimes fall within the category of freedom of expression protection. It also revealed that voluntary regulation by platform operators was limited. As an alternative, it was theoretically clear whether civil society should participate in the maintenance and development of democratic public debate sites and create social discourse. The specific method is to find and classify false information and share it with citizens to raise awareness. Second, it forms an autonomous cooperative system with platform operators and others. Third, develop critical media capacity of citizens. Fourth, it responds to producers and platform operators of false information while engaging in community activities as a direct practitioner.

• Journal of the Health Care and Life Science
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• v.10 no.2
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• pp.285-293
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• 2022

This study is to confirm the effects of COVID-19 stress and patient-related social stress (unreasonable demand, aggression) on emotional exhaustion and patient-friendly orientation. In addition, it is to confirm the role of moderating variables in the relationship between the meaning of work of health care providers and patient-related stress caused by COVID-19 and emotional exhaustion. Data were collected through an online survey targeting health care service providers, and the final 219 copies were used for analysis. As a result of the analysis, it was confirmed that corona stress is a factor that increases emotional burnout for health care providers. In the case of patient-related stress, it was confirmed that the patient's unreasonable demands increased emotional exhaustion, but aggression did not show statistically significant results. These research results can provide not only theoretical implications for health care service quality improvement, but also managerial implications for preparing plans for internal employee management.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Journal of the KSME
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• v.20 no.5
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• pp.340-352
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• 1980

원자력발전소의 건설은 부존 에너지원이 한정되어 있는 한국의 현실에서 볼 때 당연히 필요하다 할 것이다. 원자력발전소 건설의 특징은 높은 건설비와 장기간의 건설기간으로 설명 될 수 있 는데 이러한 건설사업을 순조롭게 운영관리하고 고도의 기술과 지식을 활용하여 원자력발전소의 안전성을 확보하기 위해서는 필수적으로 전문용역업체인 A/E회사의 사임운영과 설계엔지니어 링에 적극 개입하도록 하여야 한다. A/E회사는 사업의 운영관리에서부터 시작하여 설계 및 엔지 니어링과 구매관리등 전분야에 걸쳐 전문기술자들을 동원하여 전력회사의 요구에 상응하게 일을 처리할 뿐 아니라 발전소 소유주인 전력회사에 부당성과 가치성을 평가하여 줌으로써 적절한 사업계획과 목표관리를 수행하도록 돕는다. 특히 원자력발전소 설계 및 엔지니어링은 광범위한 기술분야가 합쳐서 이루어지는 결정체로써 기계, 전기, 토목, 건축, 핵공학등의 관련기술자들이 사업책임자(P.M)와 기술책임자(P.E)의 통솔하에 일관성 있게 일을 수행해 나간다. 본 해설에서는 이러한 A/E의 복잡하고 다양한 설계 및 엔지니어링의 내용을 상술하였으며 현재 원자력발전소 A/E회사의 기능과 역할을 알리고 이러한 기술업무의 조속한 국산화를 위해 경주되고 있는 노 력들을 단편적으로 소개하였다.

• 월간 기계설비
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• s.268
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• pp.52-56
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• 2012

건설산업 참여주체 사이의 고질적 문제들을 해소하고 건설산업의 재도약을 지원하기 위해 지난 1년 동안 운영해 왔던 건설산업 공생발전위원회(이하 공생발전위원회)가 하도급대금 지급보증제도 개선 등 많은 성과를 남기고 지난 10월 19일 제7차 위원회를 끝으로 활동을 마무리했다. 정해돈 대한설비건설협회 회장은 공생발전위원회 위원으로 참여하며 설비건설업계의 애로사항을 역설하고 ${\bigtriangleup}$공공공사 저가하도급심사제도 개선 ${\bigtriangleup}$하도급공사대금의 지급실적 점검 및 부당특약유형 확대 ${\bigtriangleup}$하도급대금지급보증서 보증약관 개선 및 발급감독 강화 ${\bigtriangleup}$주계약자 공동도급 대상범위 확대 ${\bigtriangleup}$산업재해 은폐에 대한 제도개선 등을 건의한 결과 저가하도급심사제도, 하도급대금 지급보증제도 등의 제도가 개선되었다. 특히 저가하도급 심사제도와 하도급대금 지급보증제도 개선 성과는 그동안 건설협회가 강력히 반대했으나 정해돈 회장을 비롯한 제8대 집행부가 똘똘 뭉쳐 일궈낸 성과라 더욱 의의가 크다. 본지는 공생발전위원회의 지난 1년간 활동을 점검해 본다.

• Journal of Labour Economics
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• v.23 no.2
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• pp.1-37
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• 2000

Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

• Journal of Digital Convergence
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• v.11 no.10
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• pp.593-608
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• 2013

According to increasing number of injury claims, the challenge is reducing investigation of cases of injuries by selecting them more delicately, while also increasing the redemption rates and the amount of restitution. In this regards, we developed the fraud detection model for injury claims of self-employed insured by using decision tree after collecting medical claim data from 2006 to 2011 of the National Health Insurance in Korea. As a result of this model, subject types were classified into 18 types. If applying these types to the actual survey compared with if not applying, the redumption collecting rate will be increasing by 12.8%. Also, the effectiveness of this model will be maximize when the number of claims handlers considering their survey volume and management plans are examined thoroughly.