• Title/Summary/Keyword: 제도주의경제학

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A Study on the Revitalization of Private Mediation System - Lessons from the Italy's recent Via-Mediation mechanism - (민간형 조정제도 활성화에 관한 연구 - 이태리의 '완화된' 조정전치주의 도입을 중심으로 -)

  • Lee, Jae-Woo;Oh, Hyun-Suk
    • Journal of Arbitration Studies
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    • v.31 no.1
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    • pp.129-154
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    • 2021
  • As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is alleged that dispute resolution by court proceedings has certain limits and setbacks. Therefore, it is commonly suggested that mediation by a qualified mediator should come as an alternative method, and there have been many attempts to establish and provide mediation service in the courts and government authorities. To comply with a party's autonomy, which is the essential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shall take the initiative. In the meantime, despite a number of academic research and attempts to increase the awareness and use of mediation nationwide, we have not yet seen meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting 'Legislative Decree No. 28/2020' following the 'Directive 2008/52EC' of the European Parliament and encouraging the so-called via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shall be particularly noted that Italy's mediation proceedings have certain traits, including preliminary mediation meetings, mandatory involvement of legal counsel, and tax benefits for the settled cases by mediation. Italy's efforts would provide people with meaningful lessons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources' inefficient ways, institutions need to develop practical measures to increase the number of civil and commercial disputes in the mediation proceedings. To that end, legislative efforts to enact relevant laws necessary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators need to start soon.

Politics of Technoscience and Science and Technology Governance in Korea (한국의 과학기술정치와 거버넌스)

  • Bak, Hee-Je;Kim, Eun-Sung;Kim, Jongyoung
    • Journal of Science and Technology Studies
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    • v.14 no.2
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    • pp.1-48
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    • 2014
  • Recently, governance of science and technology emerged as one of most important social problems and as a result it is crucial to understand it in science and technology studies. This article discusses three most important realms in science and technology goverance - research and development, regulation, and social movement - in the concrete Korean contexts. First of all, the Korean state has driven research and development and promoted its commercialization unlike other developed countries. Consequently, this nationalistic view on science disseminated to Korean public and it generated uniformity in research style and organization. Second, science and technology regulations embraced developed countries' policies, leading to its glocalization. As a result, technocratic old governance and new governance including precautionary principle and participatory democracy coexist. Third, the civil society has challenged expertise and state-driven science and technology governance and fueled social movements related to environment, safety, and health issues. The politics of knowledge created by citizens' voluntary participation and collaborative experts made it clear that science and technology should be no longer tool for economic development. In conclusion, we discuss characteristics of science and technology governance in Korea, giving various implication on current research and policy.

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Productive Welfare and Re-inspection of Asian Values in Korea (한국의 생산적 복지와 아시아 가치의 재조명)

  • Kim, Yil-Jung
    • 한국사회복지학회:학술대회논문집
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    • 2000.04a
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    • pp.847-865
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    • 2000
  • In a broad range of socio-economic and political systems, we could be able to say that the common and highest goal of all nations is the well-being of the people. From this point of view, it can be seen that two significant historic developments were achieved in the 20th century. One was the maximization of productivity through the socially efficient distribution of resources and the other was the concept of national welfare, which assumes social responsibility for the basic livelihood of human beings. In this point, it is need not only to strengthen economic wealth, but also to redistribute resources equitably. Efficiency and equity, economic and growth, and national welfare emphasize the above-mentioned principle, but they are deeply interdependent in that the well-being of the people cannot be guaranteed in the presence of only one of those. This study aims to find out the equilibrium point those problems in the productive welfare policy in Korea. Finally, it is necessary to develop productive welfare systems in order to solve the issues well.

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Dilemma and Its Institutional Solutions in the Port ODA of Korea (항만분야 공적개발원조(ODA)의 딜레마 해소를 위한 제도 개선방안)

  • Kim, Bo Young;Kang, Yunho
    • Journal of Navigation and Port Research
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    • v.38 no.4
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    • pp.409-419
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    • 2014
  • In accordance with the global age, countries in the world try to dedicate to collaboration among them through ODA (Official Development Assistance), in order to solve the-rich-get-richer and the poor-get-poorer problems among countries, to develop the developing countries' economies, and to improve their level of social welfare. Also, Korea is so active in ODA as a member of OECD, even if it is in the initial process. Nowadays, in Korea, the importance of ODA in the field of port has been brought into relief. Accordingly, the paper intends to analyze the dilemma structure of port ODA from the perspectives both of new institutionalism and Samaritan's dilemma game, and it tries to seek the improvements of ODA institutions to create effective outcomes based on the analysis. Through the analysis, dilemma structure was identified regarding the institutions of port ODA. And the results of the analysis suggested the improvements of port ODA institutions including strengthening of on-the-spot aid system, establishment of payoffs system for inducing recipient countries' efforts, and institutionalization of reliable threat. It would contribute to develop the theoretical model of ODA analysis and create effective outcomes of ODA in the field of ports.

Trade Effect Analysis of Korea.ASEAN FTA using a Panel Analysis (패널분석을 이용한 한.ASEAN FTA의 교역효과 분석)

  • Son, Yongjung;Kim, Hyunduk
    • Journal of Korea Port Economic Association
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    • v.29 no.3
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    • pp.95-111
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    • 2013
  • The purpose of this study is to draw out the trade effect of the Korea ASEAN FTA by carrying out a panel analysis. For achieving such a purpose, Panel Unit Root, Panel Cointegration Test, Pooled OLS, Hausman Test, Fixed Effect, Random effect are performed. The last 15 years's data over the period of 1997 to 2011 concentrated on the ASEAN countries such as Indonesia, Malaysia, Philippine, Singapore, Thai, Vietnam is used in this study. Major implications are summarized as following. First, our government need to maximize the effect derived from conclusion of FTA(Free Trade Agreement) in order to enhance the competitive edge through obtaining a stable foreign market. Second, it necessary for our government to improve a national system by orienting a FTA conclusion complying with WTO's product and service-related regulation.

A Study on Understanding of Middle-East Terrorism : Focusing on Islamic Fundamentalism (이슬람 원리주의를 통해 본 중동지역테러리즘의 이해)

  • Park, Gi-Beom;Kang, Min-Wan;Jun, Yong-Tae
    • Korean Security Journal
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    • no.12
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    • pp.149-175
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    • 2006
  • The purpose of this study is to understand and analyze the character of Islamic fundamentalism and Middle-Ease Terrorism. The aim of Islamic fundamentalism is reconstruction of Ummah(Muslim Unity), thee early society of Muhammad's age. Islamic movement insist to restore the spirit of Islam and purify the society of Islam from the United State and Western world. Now, Islamic fundamentalism movement as a new ideology, appeals to muslim in the world. The concept of modern national state from the Western countries do not accord with the traditional Islamic principles of reign and a spirit of nationalism. On the other hand, Islamic movement have no legitimacy in the system of modern state which govern the Arab world, regardless of the form of government. For this reasons, Islamic fundamentalist have an insecure position and their political activities. It is yet far from their purpose, to reconstruct the muslim unity, to realize the Islamic political principle close to their practical methods. Yet Islamic fundamental movement have not overcome the system of secular state. The Middle East terrorism supported by government might be eradicated by America's anti-terrorism policy. However, it will be serious and spread all over the world that the terrorist attack against the U. S. and western countries is acted by militant warriors of Islamic fundamentalism, uniting Arab and Islamic people's emotions against America and western countries. There are some reasons that we need to focus on the Arab and Islamic fundamentalism. We need to get out of misunderstanding and discrimination about Islamic religion and culture from America's and Western' standard Which are only their new world order. The discrimination of America and western nations against muslim could make other ideologies, opposite to the world peace. There are a lot of foreign workers from Islam countries in Korea. We need to give consideration and attention to them for the our globalization and world peace. It is time to consider what to do for the nation's profit(economical, political, strategic)with right understanding. We are not safe and free from the terrorism yet.

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Foreign Case Analysis and Implications for Risk Assessment of Industrial Insects (산업곤충 위해성 평가를 위한 국외사례 분석 및 시사점)

  • Yoo, Mi-Na;Jang, Ki-Jung;Hwang, Jung-Hoon;Park, Yong-Ha;Ro, Tae Ho
    • Journal of Environmental Policy
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    • v.13 no.4
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    • pp.135-159
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    • 2014
  • Industrial insect is defined as the insect utilized in industries that creates added value. Most of the industrial insects used in Korea are exotic species that are introduced through artificial means. Despite the rapid expansion of market for industrial insects, the system for risk assessment of industrial insects is not being adequately conducted. Although Korea carries out a risk assessment for the species designated as disease and insect pest by Animal and Plant Quarantine Agency, far too little consideration is being given to overall ecosystem, as the control system is covered in the Plant Quarantine Law. To solve this problem, we analyzed the Korean risk assessment system and looked at systems in other countries. The results show that it is essential for stakeholders to reach an agreement to set up fundamental directions for the system. Unless the integration system of taxonomical and ecological information is prepared, the ecological risk assessment should be conservative to protect ecosystems and should also follow the precautionary principle. It also requires cooperation among the ministries. In addition, the results indicated that a differentiation between risk assessment and screening is urgent. Several solutions such as setting up clear objectives in both assessment and screening stages, target species, steering organization and assessment criteria assessment systems from were proposed as practical institutional strategies. Among many foreign countries the assessment system from Ireland equally considers various factors such as economical, ecological safety and management aspects, It is also based on precautionary principle to fulfil its original purpose. It was suggested that the Ireland system would be the best reference that can be modified and applied into the Korean system by considering distinct characteristics of the industrial insects.

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The Research Trend and Narrative Expandability of Borderlands Studies in Europe and North America -A Review Article: Globalizing Borderlands Studies in Europe and North America (유럽과 북미에서의 접경지대 연구 동향과 서사의 확장성 -『유럽과 북미 지역 접경지대 연구의 세계화』 읽기)

  • Ban, Kee-Hyun
    • Journal of Popular Narrative
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    • v.26 no.2
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    • pp.251-276
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    • 2020
  • The purpose of this article is to critically read Globalizing Borderlands Studies in Europe and North America to examine trends in border studies conducted so far in Europe and North America and to discuss the expandability and limitations of the narrative. It introduces a variety of case studies covering the borderlands of Europe and North America from ancient to modern times. It consists of a total of 10 chapters, in addition to the introduction chapter to clarify the purpose and definition of the collaboration and the short conclusion chapter on the prospects for the future of borderlands studies. This volume has some important implications for current borderland research in two main respects. First, it can introduce us we the areas and targets that the leading researchers from European and North American academia (usually the United States') have paid attention to. It also examines the current status of borderland research and predicts whether it will be possible to study various border areas where exist in other regions (especially in Asia) based on accumulating academic achievements, as well as the possibility of expansion of so-called 'globalization'. Second, it introduces the borderland as a conceptual space, beyond the border area as a physical space that is commonly thought of when it comes to 'border'. Cases of "conceptual borderlands" can be applied to a number of topics ranging from an individual's identities to the methods of governance, religions, economies, social institutions, families, labor issues, public health services and gender issues. There are, however, also some questions to be noted in the volume: the lack of consistent use of terminology, which can be considered general problems of collaboration studies; the fact that the authors still tend to understand borderlands within the imperialist discourse, perhaps because of their academic background is situated mainly in Europe and North America; the borderlands cases described here as the areas of conflict and struggle only. Nevertheless, the book is of significance in that it suggests a possibility of various borderlands studies and helps us to have better understanding of the current geopolitical situation imposed on the Korean Peninsula, which is located on the borderland between the continental and maritime powers.