• Title/Summary/Keyword: 중재기관간 협력

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A Study on the Tasks and Prospects of International Commercial Arbitration in Northeast Asia (동북아시아 국제상사중재의 과제와 전망에 관한 연구)

  • Kim, Kwang-Soo
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.217-234
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    • 2007
  • 동북아시아 국가들은 세계 무역 및 투자에 중요한 역할을 담당하고 있다. 동북아시아 역내 및 역외 국가들과의 경제교류는 앞으로 계속 늘어날 것으로 전망되며, 이로 인한 국제상사분쟁은 국제상사중재 등 ADR에 의해 해결될 수밖에 없을 것이다. 동북아시아에서 ADR 제도가 발전되기 위해서는 무엇보다도 한국의 대한상사중재원, 북한의 조선국제무역중재위원회, 중국의 중국국제경재무역중재위원회, 일본의 일본상사중재협회, 러시아의 러시아상공회의소 부설 국제상사중재법정, 카자흐스탄의 카자흐스탄국제중재기관, 몽골국가중재법정 상호간의 중재 업무 전반에 관한 협력제제가 구축되어야 할 것이다. 국제상사중재에 관하여 동북아시아에 새로운 바람이 불고 있다. 경제자유구역 및 남북간 경제교류와 관련한 상사분쟁이 상사중재로 해결될 수 있는 법, 제도적 기반이 마련되었기 때문이다. 지난 해 한국에서는 대한상사중재원 주도하에 무역클레임 센서스가 실시되고 국제중재세미나가 개최되었으며 국제중재규칙이 제정(2007년도 2월 1일 시행 예정)된바 있다. 동북아시아 지역에서 국제상사중재제도가 발전되고 저변이 확대되기 위해서는 중재기관들 간의 협조체제가 구축되어야 할 것이다. 한편 한국도 동북아시아의 중재허브로 성장하기 위해서는 국제금융, M&A 등 중재 영역을 확대하고 경제자유구역 및 남북상사중재 등과 같은 새로운 영역에 대처를 잘 해야 할 것이다. 아울러 정부 당국의 재정적 지원과 행정적 배려도 수반되어야 할 것이다.

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Cooperation for Development of Commercial Dispute Settlement between Korea and China Arbitral Institutions (상사분쟁 해결촉진을 위한 한-중 중재기관간 협력의 과제)

  • Kim Sang-Ho
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.61-91
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    • 2005
  • It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, ADR(Alternative Dispute Resolution) including arbitration and mediation, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, efforts for settlement of trade and investment disputes by ADR have been made between Korea and China through trade and investment agreements and arbitration agreement. Judging from the importance of economic exchange between Korea and Qingdao including Shandong Province, The Korean Commercial Arbitration Board(KCAB) and The Qingdao Arbitration Commission(QAC) should strengthen mutual cooperation to develop efficient methods of resolving commercial disputes arising between the two countries and to assist parties in solving those disputes through conclusion of arbitral agreement. Recently, efforts for conclusion of a Korea-China-Japan Free Trade Agreement(FTA) received strong support at Korea-Japan and Korea-China Summit Meeting held on June and July, 2003 respectively. If the conclusion of FTA among the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. Under the circumstances, the key arbitral institutions including KCAB and QAC should consider to take the initiative in setting up tentatively called ${\ulcorner}$Joint Arbitration Center for Northeast Asia${\lrcorner}$ for which the CAMCA of NAFTA will be the good example.

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A Study on Collaborative Governance: Focusing on the Cultural Heritage Guardians (문화재지킴이 정책의 협력적 거버넌스 운영 체계 연구)

  • Jang, Youngki
    • Korean Journal of Heritage: History & Science
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    • v.54 no.1
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    • pp.184-205
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    • 2021
  • Governance is valued as a new concept and principle of social operation and public policy management, and its influence is gradually expanding. Among the various governance theories being put into practice and in case analysis studies, collaborative governance embracing various governance concepts has been found to increase interdependence and responsibility beyond participation and compromise, and create new public values by integrating and utilizing optimal social coordination forms. In the field of cultural assets, governance-related research is also being conducted for the efficiency, sustainability, and scalability of public policy enforcement. This study explored the government's role (promotion, arbitration, and condition creation) in collaborative governance, focusing on the "Cultural Heritage Guardians" to understand how collaborative governance operates in the cultural heritage sector. Regarding governance policies in the cultural asset sector, the cultural asset guardians highlighted the status, role, and characteristics of policies by examining their introduction, development, and implementation. The results of the analysis revealed that private-led, horizontal public-private cooperation, collaborative governance, policy introduction, solidarity, professionalism, resource/knowledge imbalance, cooperation precedence, etc., facilitate increased participation. The government has accordingly proposed measures to establish comprehensive legal stability centered on cooperation; strategic reorganization of dedicated organizations; strengthened, supportive intermediate organizations; and individual and multi-party consultative bodies.

Pressure Ulcer Risk Factors and Preventive Intervention in Long-Term Care Facilities : A Mixed method study (노인요양기관의 욕창발생 위험요인과 욕창예방 관리: 혼합연구)

  • Yun, Haesun;Park, Jeeyeon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.3
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    • pp.147-155
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    • 2020
  • The purpose of this study was to compare the risk factors of pressure sores and preventive intervention strategies and to provide basic data for the management of pressure sores prevention for long-term care facilities. It was a mixed method study using a systematic literature review and focus group interviews for analysis. A PRISMA flow diagram was prepared in accordance with the research selection process for the systemic literature review. The studies were retrieved from domestic and international studies from 2010 to June, 2019. A total of 8 studies were selected according to the selection criteria. The studies were searched electronically using a search engine with the key words of 'pressure ulcers', 'bedsore', 'decubitus ulcers', 'intervention', 'prevention', 'elderly', and 'long term'. Focus group interviews were conducted through a semi-structured questionnaire for nurses who had worked for more than three years in long-care facilities. The study results suggest that position change and pressure reduction device reduced the incidence of pressure sores and were important for prevention. The use of standardized care protocols is necessary. Multidisciplinary cooperation was an important issue.

Settlement of Private Commercial Disputes under the FTA (FTA하에서의 사적 상사분쟁의 해결)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.3-32
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    • 2007
  • This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

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Transition Program for Youth With Disabilities: Research Trend Analysis and Systematic Review (장애청소년의 전환프로그램 : 연구 동향 분석과 체계적 고찰)

  • An, Su-bin;Park, Hae Yean
    • Therapeutic Science for Rehabilitation
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    • v.11 no.3
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    • pp.23-36
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    • 2022
  • Objectives : This study aimed to provide basic data on intervention strategies that occupational therapists can access by systematically analyzing the intervention and effectiveness for youth with disabilities. Methods : The RISS, PubMed, and Web of Science databases were used to search for papers published between 2006 and 2021. The keywords were "Disability AND Adolescents OR Young adult AND Transition education OR Transition program". Seven papers were selected for analysis, and the full text was reviewed. The keywords and national relations were analyzed and visualized using the WoS (Web of Science) and VOSviewer programs. Results : The participants were classified into five types (ASD or ADHD, ID, DD, and physical disability). The areas used for the intervention were mixed into three categories: occupation (academic), self-management (time), and interaction (personal relations and communication). Sociality and adaptation, quality of life, and at least one of the three categories of daily life activities showed significant improvement. Conclusions : This study can be used as basic data to expand the area where only OTs can contribute while grasping the research trend of the conversion program and presenting the direction of exchange with various experts by organizing the application and its effects.

The role of Forensic Nurse in the situation of Sexual Assault (성폭력 발생시 법의간호사의 역할)

  • Youk, Gi-Young;Kwak, Jyung-Sik
    • Journal of forensic and investigative science
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    • v.1 no.1
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    • pp.31-44
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    • 2006
  • The importance regarding the notion of immediate medical treatment and nursing for the victims of sexual crimes is not widely recognized yet in Korea. Throughout this research is focused on the nursing systems and the system of foreign countries in reference to sexual crime victims, and the conclusion is as follows. In Korea, there are currently no educational or medical institutes for the medical handling for the victims of sexual crimes, and the role of nurses in the medical institutes is insufficient. In addition, the basis for the standard of operation regarding the initial response, evidence collection, pursuit of systematical evidence and data is not established even in the sexual assault counseling/advocacy center. Therefore, it is necessary to foster the sexual assault nurse examiner for the sexual crime victims, and to develop adequate training programs based on the present situation in Korea. Though the cooperation among government, medical institutes, and social movement groups, it is essential to initiate effective and publicly-trusted specialized training programs for forensic nurses who will be fully charged with the treatment of sexual crime victims. By introducing the sexual assault nurse examiner system, it can be possible to develop advanced treatment for the child or adolescent victims of sex crimes.

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A Study on the Digital Therapeutics Based Community Care for Rehabilitation in Dysarthria in the Post-COVID-19 Era (Post-COVID-19 시대 마비말장애 재활을 위한 디지털 치료제 기반의 커뮤니티케어 방안)

  • Lee, Sang-Do
    • Journal of the Korea Convergence Society
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    • v.13 no.1
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    • pp.313-323
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    • 2022
  • The purpose of this study was to explore ways a digital therapeutics-based community care plans for the rehabilitation in dysarthria in a situation where non-face-to-face services are expanding in the COVID-19 era. To this end, a qualitative study was conducted on experts working in hospitals, speech-language pathology centers, and social welfare centers, and as a result of the study, 3 topics, 9 sub-themes, and 18 content units were derived. Based on the analysis results, the digital therapeutics-based community care model consisted of 9 types: remote diagnosis, telepractice, rehabilitation training program, peer supporters, clinical support, communication, psychosocial intervention, and care plan services. This study will be able to provide basic data for health care & welfare services using digital therapeutics and guidelines for establishing shared care plans based on multidisciplinary cooperation.

Convergence Study of Health Promoting Behaviors between Nursing Students and General College Students (간호대학생과 일반대학생의 건강증진행위에 관한 융합연구)

  • Hong, Se-Hwa
    • Journal of the Korea Convergence Society
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    • v.9 no.6
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    • pp.339-346
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    • 2018
  • The purpose of this study was to compare the health promoting behaviors between nursing students and general college students. The participants were 210 students(100 nursing students, 110 general college students). Data were collected by self-reported questionnaires and analyzed by SPSS/WIN 23.0 program. There were not significant differences between two groups in the health promoting behaviors(t=-0.489, p=625). But, significant differences were found in sub-categories of health promoting behaviors according to gender, taking health-related lectures, smoking, and perceived health status. Therefore, it is necessary to develop and intervene various health education programs in order to promote the health of university students in cooperation with universities and local community health organizations.

Analysis of Evaluator's Role and Capability for Institution Accreditation Evaluation of NCS-based Vocational Competency Development Training (NCS 기반 직업능력개발훈련 기관인증평가를 위한 평가자의 역할과 역량 분석)

  • Park, Ji-Young;Lee, Hee-Su
    • Journal of vocational education research
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    • v.35 no.4
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    • pp.131-153
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    • 2016
  • The purpose of this study was to derive evaluator's role and capability for institution accreditation evaluation of NCS-based vocational competency development training. This study attempted to explore in various ways evaluator's minute roles using Delphi method, and to derive knowledge, skill, attitude and integrity needed to verify the validity. To the end, this study conducted the Delphi research for over three rounds by selecting education training professionals and review evaluation professions as professional panels. From the results, roles of evaluators were defined as the total eight items including operator, moderator-mediator, cooperator, analyzer, verifier, institution evaluator, institution consultant, and learner, and the derived capabilities with respect to each role were 25 items in total. The area of knowledge included four items of capabilities such as HRD knowledge, NCS knowledge, knowledge of vocational competency development training, and knowledge of training institution accreditation evaluation, and the area of skill comprised fourteen items of capabilities such as conflict management ability, interpersonal relation ability, word processing ability, problem-solving ability, analysis ability, pre-preparation ability, time management ability, decision making ability, information comprehension and utilization ability, comprehensive thinking ability, understanding ability of vocational competency development training institutions, communication ability, feedback ability, and core understanding ability. The area of attitude was summarized with the seven items in total including subjectivity and fairness, service mind, sense of calling, ethics, self-development, responsibility, and teamwork. The knowledge, skill and attitude derived from the results of this study may be utilized to design and provide education programs conducive to qualitative and systematic accreditation and assessment to evaluators equipped with essential prerequisites. It is finally expected that this study will be helpful for designing module education programs by ability and for managing evaluator's quality in order to perform pre-service education and in-service education according to evaluator's experience and role.