• Title/Summary/Keyword: 중재 활성화

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A study on the private autonomies of the disputants in the process of conciliation (민사조정의 활성화와 사적자치)

  • Joo, In
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.613-630
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    • 2004
  • Conciliation is one of the most effective ADR(alternative dispute resolution) which takes the place of civil procedure. It is achieved with disputants' independent will. The disputants negotiate each other, and make peaceful settlement. If a compromise is effected between the two, it regards the compromise as a judgement of the Supreme Court. This effect on the conciliation is afford a basis for the private autonomies. But nowadays, the practical use of the private autonomies is not thoroughgoing enough in our country. It is a matter of no uncommon occurrence for the member of a conciliation commission to form a conclusion about the dispute and to persuade the disputants to accept the conclusion. Even the judges have a tendency to conduct a conciliation like civil procedure. Under these circumstances, it's harsh to the disputants that a compromise in the conciliation has an effect like the judgement of the Supreme Court. So you should reconsider carefully the role or service of a conciliation commission. The role of a conciliation commission must be to guarantee an atmosphere of freedom, and for disputants to negotiate without restraint. So the members of a conciliation commission should make an offer the disputants the information on the members and proceedings of the conciliation. It will make the disputants have a firm belief that the members are fair and conciliation will be progressed in a fair. Moreover they have to notify the disputants of the estimated norms which is concerned in the dispute, too. It will facilitate the negotiation and compromise, and will justify claim preclusion(res judicata) which is based on Korean Civil Conciliation Law(Article 29) says that conciliation has the full force and effect of a civil judgement of the Supreme Court.

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Dispute Resolution by e-ADR for e- Trade in the Northeast Asia (동북아 e-Trade 활성화를 위한 e-ADR에 의한 분쟁해결에 관한 연구)

  • 최석범;박종석;정재우
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.185-220
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    • 2003
  • Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.

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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.

A Field Case Report on Oral Health Education Applying Intervention Activities in Some Areas of Hongcheon-gun (홍천군 일부 지역의 중재 활동을 적용한 구강보건교육 사례보고)

  • Min-A Kim
    • Journal of agricultural medicine and community health
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    • v.49 no.2
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    • pp.121-131
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    • 2024
  • Objective: This study is to design an intervention model for local residents to manage their oral health on their own. By establishing an autonomous participatory network without the intervention of external experts, it is possible to actively practice toothbrushing and use preventive services. Method: This is a case report study, and oral health education was conducted after interviews with 8 members of the Health Plus Village Committee in the N region of Hongcheon-gun and 156 residents of the senior center. Result: To foster oral health guardians in the community and to change behavior by actively sharing information and communicating with residents. It was confirmed that the Health Plus Village Committee was influential in spreading information, means, and interest about toothbrushing practices and preventive dental services to neighbors. Conclusion: In order to implement continuous resident-led oral health projects, resident-led village projects led by the Health Plus Village Committee should be activated through repeated empowerment education.

Effectiveness of Focal Muscle Vibration on Upper Extremity Spasticity and Function for Stroke Patients : A Systematic Review (뇌졸중 환자의 상지 경직 감소와 기능 향상을 위한 국소 진동자극의 효과에 대한 체계적 고찰)

  • Won, Kyung-A;Park, Ji-Hyuk
    • Therapeutic Science for Rehabilitation
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    • v.7 no.3
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    • pp.23-33
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    • 2018
  • Objective : This systematic review aimed to investigate the effect of focal muscle vibration in patients with post-stroke spastic hemiplegia. Methods : We searched literature published between April 2009 and October 2017 using PubMed and RISS databases. The main search terms were Vibration therapy, Focal vibration, Somatosensory, Upper limb, and Spasticity after stroke. Based on inclusion/exclusion criteria, 6 articles were selected. Results : Articles on focal muscle vibration intervention ranged from evaluation of application-only vibration to muscle vibration with task-oriented activity. Intervention effects on upper extremity spasticity and function and activities of daily living were assessed. There were significant effects on upper extremity spasticity, function, and cortical excitability. Conclusions : This study can provide information on focal muscle vibration for use by clinical therapists. However, further studies are needed to identify the optimal stimulation site and frequency/amplitude of application to maximize the effects of focal muscle vibration.

A Study on Importance Setting of Activation Elements in Domestic Tourist Destinations Regeneration Consequent on the Cause of Stagnation or Decline (정체·쇠퇴원인에 따른 국내 관광지 재생 활성화 요소의 중요도 설정 연구)

  • Kim, Jung Jae;Lee, Kyung Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.44 no.6
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    • pp.107-119
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    • 2016
  • Currently, 230 domestic tourist destinations have been designated, established, and operated in accordance with the Tourism Promotion Act. According to the results of preceding research, more than 30% of them have been getting into the stagnation or decline stage. This is becoming a burden to local governments operating and managing tourist destinations, making it necessary to seek resolution measures. Thus, this study determined the activation elements of stagnant/declined tourist destinations regeneration to deal with problems of domestic stagnant or declined tourist destinations and also to regenerate rational and sustainable tourist destinations. This study conducted a survey with experts based on causes for stagnation and decline of domestic tourist destinations suggested by preceding research. Based on the survey results, the activation elements of stagnant/declined tourist destinations regeneration were drawn through the Delphi Technique and Analytic Hierarchy Process. And then the priority and weight of the drawn activation elements of stagnant/declined tourist destinations regeneration were drawn for the sake of reasonable project progress of tour site regeneration. In the results of the analysis, as activation elements of stagnant/declined tourist destinations regeneration, a total of seven upper-attributes, 23 sub-attributes, and 66 detailed-elements were drawn. It would be possible to raise the efficiency of projects and rational decision-making when executing future tourist destinations regeneration projects by using the activation elements drawn. Also, the drawn elements could be applied to the actual tourist destinations regeneration projects as measures for the stagnant/declined domestic tourist destinations' contribution to the vitalization of local economy based on sustainability, prohibition of thoughtless development of domestic tourism projects, and also efficient use of tourism resources.

An Empirical Study on the Influence on Public Data Usage in Private Business Sectors (민간의 공공데이터 활용을 위한 이용의도에 미치는 영향에 관한 실증적 연구)

  • Cha, Young-Il;Choi, Sung-Kyou;Han, Kyeong-Seok
    • Journal of Digital Convergence
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    • v.15 no.6
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    • pp.9-17
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    • 2017
  • The opening of public data has been perceived as a critical factor in deciding a country's rise or fall. Since the global economic crisis, countries around the globe have expanded the supply of public data as a new growth engine to create significant economic effects. As a result, there has been a rising demand for a study on the influence of public data in the private sectors. This study attempted to achieve the following objectives. First, the effects of independent variables-system quality, information quality, information security, social influence, innovation and assistance by the public organization- on the intention to use the public data was examined. Second, the effects of the mediating variables - Perceived Ease of Use (PEU) and Perceived Usefulness (PU) - on the independent variables and intention to use (dependent variable) were investigated. Third, after selecting utilization type, frequency of public data usage and frequency of occupational & e-government service usage as moderating variables, their effects on the relationship between the independent variables and dependent variable (intention to use them in the private sector) were studied. It is expected that the study results would be useful in developing strategies aimed to utilize public data in the private sectors.

Hospice Music Therapy in Korea (한국의 호스피스 음악치료)

  • Kim, Eun Jung
    • Journal of Hospice and Palliative Care
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    • v.21 no.4
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    • pp.109-114
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    • 2018
  • The objective of this paper is to suggest plans to properly establish and promote the use of hospice music therapy by examining its necessity and how it is being used in Korea. Hospice music therapy is a clinical and evidence-based use of music interventions administered by a professional to alleviate total pains suffered by hospice patients and their families. While the effects of hospice music therapy have been reported by many studies, its meaning and value are still poorly understood in Korea, which explains the lack of related institutions in the nation. Recently policy-wise and legislative efforts have been made to promote hospice and palliative care, which in turn will likely fuel demand for hospice music therapy. Therefore, the meaning and role of hospice music therapy should be defined by major hospice and palliative care institutions and societies, followed by institutional and academic efforts as follows. First, a set of qualification criteria for hospice music therapists should be established to provide proven music therapy interventions to patients and their families. Second, a systematic program offering both theoretical and practical trainings needs to be developed to foster hospice music therapists. Last but not least, clinical studies should be promoted with development of a research road map for hospice music therapy and a standard protocol.

Effects of Task Training for Cognitive Activation of Stroke Patients on Upper Function and Activities of Daily Living (뇌졸중 환자의 인지활성화를 위한 과제 훈련이 상지기능 및 일상생활동작에 미치는 영향)

  • Kim, Yu-Jeong;Kang, Bo-Ra;Ahn, Si-Nae
    • Journal of Korean Society of Neurocognitive Rehabilitation
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    • v.10 no.2
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    • pp.27-34
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    • 2018
  • The purpose of this study is to investigate the effect of task training for cognitive activation of upper extremity on upper limb function and activities of daily living and to suggest intervention in rehabilitation treatment. From January to February of 2018, nine stroke patients were arbitrated 30 minutes a day, five days a week, for four weeks. For the experimental group, the therapist has induced the group using the linguistic guidance to patients, so they utilize the cognition strategy. The control group conducted active exercises in a range of motion using the instruments and passive exercises in a range of motion to reduce the stiffness of joints and upper limbs. As muscle strengthening exercises, the patients were assigned to work on the biceps muscle of arm, triceps muscle of arm, and deltoid according to the individual patient's muscular strength level. For the experimental group, the MBI was improved by ten points at maximum, and K-AMPS motor skills showed the improvements of 1.0 logit at maximum, and processing skills showed improvements of 0.6 logits at maximum. In MFT, the maximum improvement was by two points. For the control group, MBI was improved by five points at maximum, and 0.2 maximum improvements were shown in K-AMPS' motor skills and 0.3 maximum improvements in processing skills. MFT showed no change. The conclusion is that the challenges to enable training for stroke patients give a positive impact on upper limb function and activities of daily living.

Structural and Functional Roles of Caspase-8 in Extrinsic Apoptosis (Apoptosis의 외인성 경로에서 caspase-8의 구조적 및 기능적 역할)

  • Ha, Min Seon;Jeong, Mi Suk;Jang, Se Bok
    • Journal of Life Science
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    • v.31 no.10
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    • pp.954-959
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    • 2021
  • Apoptosis is an important mechanism that regulates cellular populations to maintain homeostasis, and the caspases, a family of cysteine proteases, are key mediators of the apoptosis pathway. Caspase-8 is an initiator caspase of the extrinsic apoptotic pathway, which is initiated by extracellular stimuli. Caspase-8 have two conserved domains, N-terminal tandem death effector domains (DED) and C-terminal two catalytic domain, which are important for this extrinsic apoptosis pathway. In extrinsic apoptosis pathway, death receptors which members of TNF superfamily are activated by binding of death receptor specific ligands from cell outside. After the activated death receptors recruit adaptor protein Fas-associated death domain protein (FADD), death domains (DD) of death receptor and FADD bind to each other and FADD combined with death receptor recruits procaspase-8, a precursor form of caspase-8. The DED of FADD and procaspase-8 bind to one another and FADD-bound procaspase-8 is activated by cleavage of the prodomain. This death receptor-FADD-caspase-8 complex called death inducing signaling complex (DISC). Cellular FLICE-inhibitory proteins (c-FLIPs) regulate caspase-8 activation by acting both anti- and pro-apoptotically, and caspase-8 activation initiates the activation of executioner caspases such as caspase-3. Finally activated executioner caspases complete the apoptosis by acting critically DNA degradation, nuclear condensation, plasma membrane blebbing, and the proteolysis of certain caspase substrates.