• Journal of Arbitration Studies
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• v.26 no.4
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• pp.43-62
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• 2016

The international arbitration system has been a useful method of settling disputes arising from international transactions. Arbitration provides the opportunity for the parties to choose a fair and neutral forum and to participate in the selection of the decision maker and the rules that will be applied. Because arbitration is a creature of contract, there is no agreement to arbitrate if there is no contract. An arbitration clause should be designed to fit the circumstances of the transaction and the parties' needs. The parties draft an arbitration clause with insufficient attention to the transaction to which it relates. Insufficient attention to arbitration agreement has caused the delay of arbitration procedure or even the inability to arbitrate. Therefore the parties pay sufficient attention to the underlying transaction so that the arbitration clause can be tailored to their particular requirements and to possible disputes that may reasonably be anticipated.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.125-139
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• 2007

최근 한국과 미국 법원에서는 조정제도를 자주 이용하고 있다. 조정제도를 이용함으로써 법원은 사건부담을 줄일 수 있을 뿐만 아니라 소송지연을 막고 비용을 절감할 수 있다. 그러나 조정제도의 장점을 극대화하기 위해서는 일반 조정제도의 기본원칙인 당사자 원칙을 최대한 반영하고 법원의 개입은 제한하여야 할 필요가 있다. 이점에 있어 미국과 한국의 법원내 조정제도에 비교해볼 때, 전자가 법원의 개입은 필요한 최소한에 그치고 조정인과 분쟁당사자간의 당사자자치를 최대한 보장하고 있음을 알 수 있다. 이 글은 한국과 미국의 법원내 조정제도를 비교 분석하여 효과적인 법원내 조정제도를 정착시키기 위하여 개선해야 한 점을 제시하고자한다. 한국과 미국의 법원내 조정제도의 근본적인 차이는 조정절차진행에서 법원의 역할과 관련되어 있다. 특히 미국법원은 분쟁 당사자들 스스로 분쟁해결을 할 수 있도록 돕는 역할에 주력하는 반면, 한국법원은 조정절차 전 과정에서 분쟁해결에 적극 개입한다. 보다 공정하고 효율적인 민사조정절차를 위해서는 관련법의 정비뿐만 아니라 조정인의 교육과 전문성을 강화하기 위한 제도적 장치를 마련할 필요가 있다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.437-441
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• 2004

This study aims to propose a set of improvement devices for construction dispute resolution clause of public improvement project in Korea. To do so, the study addresses the system and procedure of construction dispute resolution in domestic and overseas, and reviews precedent cases, specifically focused of a selective arbitration case. In public sector's initiated contracts, the absence of c)aim procedure clause is unable to response to the claims in timely manner, and the ambiguity of clause o( selective arbitration make it difficult to resolve a dispute by arbitration. Thus, in this study alternative dispute resolutions are explored as a way to resolve various construction disputes of public-initiated project in developed countries.

• The Journal of Korean society of community based occupational therapy
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• v.8 no.2
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• pp.1-14
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• 2018

Objective : The purpose of this study was to investigate the change in self-efficacy and writing ability after applying a Task-Oriented Multi-Sensory Movement Program to children with ADHD tendency accompanied by learning delays. Methods : A Task-Oriented Multi-Sensory Movement Program was implemented to children with ADHD tendency accompanied by learning delays attending S elementary school. The research proceeded in the order of a pre-test, Task-Oriented Multi-Sensory Movement intervention, and a post-test. The first session involved a pre-test, in which the children's self-efficacy and writing ability were examined using self-efficacy test and type 'A' KNISE-BAAT writing test. The multisensory group activity program intervention was conducted for a total of 8 sessions. In the last session, a post-test was conducted using self-efficacy test and type 'B' KNISE-BAAT writing test. Data collected from the tests were analyzed using SPSS Statistics 18. Results : According to the tests taken before and after implementing the Task-Oriented Multi-Sensory Movement Program, there was a significant improvement in self-efficacy (school, society), writing ability(command of vocabulary and sentence). Conclusion : Task-Oriented Multi-Sensory Movement Program may be used as a beneficial measure to improve the self-efficacy and writing abilities of children with ADHD tendency accompanied by learning delays. It is necessary to design various intervention models by combining educational media based on a multisensory approach.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• Journal of Convergence for Information Technology
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• v.12 no.5
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• pp.40-50
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• 2022

This study is a qualitative study in which nursing students analyzed the contents of nursing skills recorded on a structured video observation record sheet while observing a colleague team's real-time video of chronic obstructive pulmonary disease scenario implementation during simulation practice. As a result of the analysis using the content analysis method, categories and topics of effective and ineffective aspects were derived in the areas of observation record: accuracy of procedures, adherence to aseptic technique, consideration of safety and safety, explanation and education, and purpose explanation and method education. This study is meaningful in that it presents factors that can increase the efficiency of nursing education through simulation-based practice.

• Journal of Music and Human Behavior
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• v.17 no.1
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• pp.71-96
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• 2020

The purpose of this study was to identify research that included the rhythmic auditory stimulation (RAS) technique and to compare this body of research within the field of music therapy with that in physical therapy. Forty-five studies were identified that were published from January 1999 through November 2018, and these were analyzed in terms of intervention procedure, type of rhythmic cueing, and therapeutic basis described by the researcher. While research in both fields used rhythmic cueing as the primary therapeutic agent, differences were found in the area targeted by training and specific type of rhythmic cueing used. Research conducted in the field of music therapy focused primarily on gait function, while research in the field of physical therapy tended to address gait-related physical issues, such as balance, muscle strength, and proprioceptive sensation as well as gait. While all of the identified studies from the field of music therapy used music for cueing, a metronome was used more often for cueing in physical therapy research. In terms of description of theoretical basis, theory of entrainment was more sufficiently described in music therapy research. These results indicate that while music therapy research maximized the role of various elements of music in intervening in gait function, physical therapy research addressed gait in relation to other physical functions. Considering that both aspects are essential for gait training, this study supports the need for a multidisciplinary approach to neurological rehabilitation with RAS.

• Korean Journal of Community Nutrition
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• v.27 no.2
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• pp.121-131
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• 2022

Objectives: This study aimed to examine the effectiveness of the intervention of the nutrition support team (NST) on the nutritional status of critically ill patients. Methods: The medical records of 176 adult patients who were admitted to the intensive care unit and received enteral or parenteral nutrition for more than 7 days were retrospectively analyzed. The patients were classified into the NST and non-NST groups according to whether they were referred to the NST or not. The NST group was further classified into the compliance and non-compliance groups depending on their compliance with the NST recommendations. Results: The NST referral rate was 56.8%, and the rate of compliance with the NST recommendations was 47.0%. Significantly higher energy and protein were provided to the NST and the compliance groups than to the non-NST and the non-compliance groups. The proportion of patients who reached the target calories after the initiation of enteral nutrition was significantly higher in the NST and the compliance groups than in the non-NST and the non-compliance groups. The serum albumin and hemoglobin levels significantly decreased in every group, but the changes were significantly lower in the compliance group. The nutritional status at discharge from the intensive care unit compared to the status at admission was significantly worse in the NST, non-NST, and non-compliance groups. However, the status was maintained in the compliance group. The length of stay in the intensive care unit was significantly shorter in the compliance group. Conclusions: Compliance with the NST recommendations was found to provide more calories and protein and prevent the deterioration of the nutritional status of critically ill patients. Therefore, effective communication between medical staff and the NST from the early stages of admission to the intensive care unit is needed to improve referrals to the NST and compliance with the recommendations.