• Title/Summary/Keyword: 중재윤리

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Regulation of Attorney Ethics in International Arbitration (국제중재에서 변호사의 비윤리적 행위 규제에 대한 연구)

  • Hong, Seok-Mo
    • Journal of Arbitration Studies
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    • v.25 no.2
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    • pp.3-17
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    • 2015
  • For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

Authorities and Duties of Arbitrators Under the Korean Arbitration Act and the American Arbitration Acts (한.미 중재법상의 중재인의 권한과 의무)

  • Park, Chul-Gyoo
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.315-341
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    • 2006
  • 이 논문은 1999년에 전면 개정된 한국의 중재법과 1925년에 제정된 미국의 연방중재볍 및 2000년에 제시된 개정통일중재법의 내용 중 중재인의 권한과 의무들에 관한 규정들을 비교 분석한 것이다. 우선, 미국 중재법의 기본법이라 할 수 있는 연방중재법은 1925년에 제정된 이래 중재 이슈에 관한 발전들을 담아내지 못한 채 진부한 과거의 법률을 그대로 유지하고 있다. 따라서, 중재인의 권한과 의무에 대해서도 중재판정과 같은 기본적인 권한 규정 외에 중재인의 임시적 처분이나 민사책임의 면제, 고지 의무등 새롭게 진전된 중재 환경의 변화나 논의들이 다루어지지 않고 있다. 그러나, 미국의 통일주법위원전미협의회가 주체가 되어 제시한 2000년의 개정통일중재법은 중재이론이나 케이스의 발전들을 반영하였을 뿐만 아니라, 중재인의 권한과 의무에 대해서도 훨씬 구체적인 규정들을 담아내고 있다. 개정통일중재법은 중재언의 권한을 개정 이전보다 훨씬 강화하는 대신, 보다 엄격한 윤리적 의무를 부과함으로써 균형을 유지하려 하고 있다. 특히, 중재인의 올바른 중재판정을 이끌어 내기 위해 증거 확보에 있어 보다 강한 절차적 권한을 부여하고 있는 것이 특정이다. 아울러, 중재인으로 하여금 임시적 처분을 내릴 수 있는 권한을 부여하고 있을 뿐만 아니라, 징벌적 배상을 결정할 수 있게까지 규정하고 있다. 그러나, 중재인의 절차적 권한의 강화는 동법이 의도한 바와는 달리 중재를 재판에 유사한 구조로 만듦과 동시에, 중재의 신속성과 최종성을 해치는 결과를 초래하는 것이 아닌가 하는 우려와 지적을 낳기도 한다. 한편, 한국의 중재법은 중재인의 임시적 처분권한과 고지의무를 규정하고 있지만, 미국의 개정통일중재법과 달리 민사적 책임면제 규정을 두고 있지는 않다. 특히, 한국 중재법에서 중재인은 증거를 수집하기 위하여 당사자의 임의적 협조에 의존하지만, 미국의 개정통일중재법에서는 증거개시제도까지 채택하고, 제 3 자도 소환할 수 있는 등 중재인의 절차적 권한이 훨씬 강하므로 한국 중재법에서 중재인의 절차적 권한은 미국의 개정통일중재법에서의 그것보다는 훨씬 제한적이다. 한국의 중재를 더욱 실효성 있게 하기 위해서는 중재법에서 중재인의 절차적 권한에 관한 규정을 보완해 주어야 할 것이다. 또 성공적인 중재를 위해서는 중재인의 전문성과 함께 윤리의식이 중요하므로 상사중 재원은 별도의 중재인 윤리규정을 제정해야 할 것이다.

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An Integrative Review of Nursing Ethics Education Programs For Undergraduate Nursing Students (국내 간호대학생 간호윤리 교육 프로그램에 관한 통합적 문헌고찰)

  • Han, Dallong
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.1
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    • pp.55-62
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    • 2020
  • The purpose of this study was to review nursing ethics education program for nursing students in Korea. An integrative literature review was applied as a research method, and the study was conducted according to five steps of problem identification, literature search, data evaluation, data analysis, and presentation. Twelve studies were analyzed, and the educational content was about biomedical ethics and nursing ethics, and most of them were through subject classes. Teaching methods included case-based debates, discussions, action learning, online learning, and problem-based learning, including traditional lectures. Through education programs, there was a significant increase in biomedical ethics, ethical values, moral judgment, and moral sensitivity. Progressive and continuous nursing ethics education for nursing college students is required within the curriculum.

Morl Distress and Ethical Values of Nursing Students (간호대학생의 윤리적 가치관과 도덕적 고뇌)

  • Lee, So-young
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.3
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    • pp.119-124
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    • 2019
  • The study aimed to identify the relationship between moral distress and ethical values among nursing student. The participants were 150 nursing students. The data were analyzed with SPSS 21.0 program. In the results, moral distress and ethical values showed positive correlations. Statistically significant differences were found in moral distress according to grade, select the reason for department and ethical values according to age, grade, select the reason, one's associate for department. Moral distress was positively correlated with ethical values. The findings suggest that programs aimed at decreasing moral distress and ethical values intention should be developed. Furthermore, future studies should explore variables that influence moral distress.

Education and Ethics in Information Age (정보 시대의 교육과 윤리)

  • Ko, Young-Man
    • Journal of Korean Library and Information Science Society
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    • v.38 no.4
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    • pp.3-17
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    • 2007
  • In Information age, information problems are continuously differentiated either in individual or in social domain. The danger of reality lost is also day by day increased by digital media and the changes happen at too fast pace. Form the dialect point of view, the education of information literacy is a very important cultural media to arbitrate the conflict between the reasonable solution of the individual information problem and the social information problem. This study is an attempt to discuss the macroscopic initiative of educational system and Information ethics on the basis of the dialectic interpretation of the cultural discourse of the information literacy.

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Recent Interventional Procedures for Spinal Discogenic Pain for Life Care : Technical and Ethical Issues (라이프케어를 위한 추간판성 통증 치료의 최신중재기법 기술적 윤리적 문제들에 관하여)

  • Hong, Young-Ki
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.4
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    • pp.311-320
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    • 2019
  • Discogenic pain which develops during the degenerative process of intervertebral disc is an intractable disease of musculoskeletal system. Unlike other diseases in modern medical science, it is not clinically confirmed through objective imaging and clinicopathologic index. Moreover, current technology has been facing difficulties finding fundamental treatment. This study examined through reviewing literature whether the therapeutic rationales of interventional procedures for the discogenic pain, such as nerve block, intradiscal electrothermal therapy and nucleoplasty, are valid and whether safety reviews such as preclinical tests are carried out faithfully during the technology development process. As a result, it is presumed that there is not yet an interventional treatment for discogenic pain, whose therapeutic rationale has been objectively verified. And there are some cases of interventional treatment that have not been adequately equipped with the preclinical test steps necessary to review the safety of the procedure during the technology development process. In conclusion, since there is still no interventional treatment for discogenic pain which has clear therapeutic rationale, it is necessary to recognize that a more careful approach is needed to judge whether the procedure is performed in clinical settings. And medical ethical issues may arise for some interventional treatment that are deemed to have been carried out without a thorough review of safety.

An Analysis of the Rationale and Format of Music Intervention Studies With Patients Receiving Hospice or Palliative Care in Korea (국내 호스피스·완화의료 환자 대상 음악중재연구 내 중재 제시 방법 및 논거 분석)

  • Oh, Joo Eun
    • Journal of Music and Human Behavior
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    • v.20 no.2
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    • pp.1-32
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    • 2023
  • The purpose of this study was to analyze the rationale and format of music therapy interventions with patients receiving hospice or palliative care in Korea. Through this analysis, I examined whether the music intervention used was based on a valid rationale and represented the professionalism expected of today's music therapy interventions. A total of 12 studies that met the selection criteria were identified, and the overall characteristics of each study and its format were analyzed. As a result of the analysis, it was confirmed that the rationale for each study and its format were influenced by the author's research field. The analysis also showed that the research on music-based interventions in hospice or palliative care settings was insufficient and involved a mix of professional and nonprofessional interventions. The results of this study suggest that importance of researchers possessing professional competence which requires offering a clear justification for their choice of interventions, music, and instruments. Additionally, these results emphasize the need for further development of evidence-based music therapy approaches in hospice and palliative care settings as the role of music in supporting patients in these environments has gained increasing recognition and validation.

Biomedical Ethics Education for Nursing Students: The Effect on Awareness and Application of Nursing Code of Ethics, Consciousness of Biomedical Ethics and Moral Sensitivity (생명의료윤리 교육 프로그램이 간호 대학생의 간호사 윤리강령인식, 간호사 윤리강령 활용 정도, 생명의료 윤리 의식 및 도덕적 민감성에 미치는 효과)

  • Choi, Young-Sil;Jeong, Gye-Seon;Rayborn, Michong
    • The Journal of Korean Academic Society of Nursing Education
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    • v.24 no.3
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    • pp.214-224
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    • 2018
  • Purpose: This study examines the effectiveness of an educational program of nursing biomedical ethics for nursing students to increase awareness of the Code of Ethics for Nurses, moral sensitivity, and application of the Code of Ethics for Nurses. Methods: A quasi-experimental research design and t-test were used. The experimental group (n=31) and control group (n=32) were second-year university nursing students in two major cities. The experimental group received 15 hours of nursing ethics education during the 15-week semester. The training was not provided to the control group. Results: The application of the Code of Ethics for Nurses increased significantly in the experimental group (t=-1.06, p=.017), nurses and patient (t=-2.23, p=.029), obligation of nurse as an expert (t=-2.08, p=.042), nurse and cooperator (t=-2.54, p=.014). The consciousness of biomedical ethics increased significantly in the experimental group (t=4.28, p=.021), newborn's right to live (t=-2.61, p=.011), euthanasia (t=-2.36, p=.021). Conclusion: The results of the study show that providing a nursing biomedical ethics program to nursing students is an effective method to enhance the application of the Code of Ethics for Nurses and Consciousness of Biomedical Ethics. Implementing an intervention program of the Code of Ethics for Nurses in the regular nursing curriculum may reduce conflicts involving ethical decision making by nurses.

The Influence of Moral Behavior, Biomedical Ethics Consciousness, and Death Attitudes on Hospice Awareness in Nursing Freshman (간호학과 1학년의 도덕적 행동, 생명의료윤리 의식, 죽음 태도가 호스피스 인식에 미치는 영향)

  • Kim, Jeong-Sook;Je, Nam-Joo
    • Journal of Digital Convergence
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    • v.19 no.1
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    • pp.275-284
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    • 2021
  • The purpose of this study was to provide basic data for developing hospice intervention strategies that can enhance hospice care perception plus attitude toward death of nursing students by grasping the factors affecting the perception of first grade students. Data were collected from 185 nursing students at J university in G-do. Analysis was done using t-test, ANOVA, Pearson correlation coefficient, and Multiple regression with IBM SPSS WIN/25.0. Hospice care perception was correlated to moral behavior (r=.22, p=.002) and biomedical ethics consciousness (r=.29, p<.001). The most influential factor on the subjects' hospice care perception was biomedical ethics consciousness (β=.224, p=.012), followed by high financial competence of parents (β=.187, p=.027). The explanatory power was 11.5%. Therefore, systematic programs that can enhance moral behavior and biomedical ethics consciousness are necessary to promote awareness of hospice care. Also, the following data can be utilized as basic data to help develop hospice education programs.

Influence factors of Internet addiction tendency of University students (대학생의 인터넷 중독성향 영향요인)

  • Kim, Yun-Jeong;Cho, Hye-Eun;Kim, Ji-Young
    • Journal of the Korea Convergence Society
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    • v.9 no.9
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    • pp.89-95
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    • 2018
  • The purpose of this study was to examine the internet addiction tendency of University students. A self-reported questionnaire was completed by 354 students in the G city from March 15 to May 22, 2017. The data were analyzed by exploratory factor analysis, Pearson's correlation analysis and multiple regression analysis using the SPSS 12.0 program. Factors affecting the internet addiction tendency were using time of internet, consciousness of information ethics(soundness to internet use), self-control(p<0.05). Accordingly, it is necessary to develop mediator program in order to preventive internet addiction to enhance of consciousness of information ethics and control using time of internet and self-control.