• Title/Summary/Keyword: 파산선고

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A Study on the Effect of Insolvency of a Party to an Arbitration Agreement on the Arbitration (중재합의 당사자의 파산이 중재에 미치는 영향에 관한 고찰)

  • Kang, Soo Mi
    • Journal of Arbitration Studies
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    • v.34 no.2
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    • pp.3-26
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    • 2024
  • The insolvency proceedings, which are collective debt processing procedures that equitably distribute properties of the debtor who is declared insolvency to multiple creditors, and the arbitral proceedings that resolve disputes over individual legal relationships between the parties differ in nature. However, there are no express provisions that directly regulate the legal relationships when the party to an arbitration agreement is declared insolvency. The presence of an arbitration agreement between the parties does not necessarily initiate the arbitral proceedings, the arbitral proceedings are initiated by the parties' application under the arbitration agreement. It is also necessary to examine the effect of the insolvency of the party to the arbitration agreement on the arbitral proceedings step by step. This paper reviews the cases in which the parties to the arbitration agreement have been declared insolvency before the commencement of the arbitral proceedings and have been declared insolvency during the arbitral proceedings. This paper examines how the effect of the arbitration agreement affects the insolvency proceedings when the debtor is declared insolvency after concluding the arbitration agreement and how the declaration of insolvency affects the arbitral proceedings when the debtor, who is a party to the arbitration agreement, is declared insolvency during the arbitration proceedings.

The Design of Optimal Recall Insurance Product (최적 리콜보험상품 설계에 관한 연구)

  • 김두철
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.3 no.4
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    • pp.325-332
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    • 2002
  • In the process of designing pareto optimal insurance contract, it is necessary to assume that insurance contract conditions are endogenous to build a model. The expected utility, the non-expected utility and the state-dependent utility function can be applied as a insurance decision making principle. The insurance costs may have the linear, convex, and concave ralationship with the indemnity schedule. However, the sunk cost and fixed cost must be recognized. The deductible which decides whether an insurance contract to be a full or partial insurance contract can exist in the forms of straight deductible or diminishing deductible. Indeciding the level of deductible, the types of the insurance and the risks to be insured should be the deciding factors. Especially for recall insurance, there is relatively high chance that the recalling company being bankrupt. Therefore, the possibility of bankrupcy should be the considering factor in deciding the policy limit. The existence of the incomplete market and uninsurable background risk should be understood as restricting conditions of the pareto-optimal insurance contract.

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Concept, Pioneers, and Characteristics of Bibliodrama (비블리오드라마의 개념, 선구자들, 그리고 근본성격)

  • Koh, Won Seok
    • Journal of Christian Education in Korea
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    • v.62
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    • pp.101-133
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    • 2020
  • This study is an attempt to grasp the fundamental characteristics and core structures of Bibliodrama, which has recently received a lot of attention in various fields including Christian education. Bibliodrama is a guided form of process-oriented staging of biblical texts in groups with the aim of mutually opening up the text and the biography of the participants in the implementation of holistic encounters (H. Aldebert). In the background of the birth of Bibliodrama can be found the hermeneutical efforts of the biblical scholar Walter Wink who sentenced the bankruptcy of historical criticism. He laid the biblical interpretative foundation for Bibliodrama which combines Bible and body. German theologian Gerhard Marcel Martin had a new experience of seeing the Bible through body activity during his life in New York, and based on that experience he began to work on the Bibliodrama. And the New Testament scholar Tim Schramm, who focused on the TCI (themecentered interaction) movement, found the optimal methodology to embody the interaction of biblical studies in Bibliodrama. On the other hand, Peter Pitzele, who wanted to realize the Bibliodrama in the tradition of Midrash, has developed a new type of Bibliodrama (Bibliolog) that is different from the European Bibliodrama. When we put together the positions of the pioneers of Bibliodrama, it turns out that it has three fundamental characteristics: body, interaction, and the empty space of the Bible. The body refers to the personality of learners participating in the Bibliodrama. They are not passive participants, but voluntary and active participants. Interaction is realized through the dramatic way of Bibliodrama. Bibliodrama aims for a dynamic process in which hermeneutical interaction occurs. The empty space of the Bible, which Bibliodrama pays attention to, allows us to understand why the Bible is not a fixed word but a living word that is still heard today. In order to understand the Bible as the content of education, Bibliodrama liberates the text that is fixed in a literal way and gives life by paying attention to the empty space of the Bible and reading it slowly.