• Title/Summary/Keyword: AWARD

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A Review on Refusal Reasons in Enforcing of Foreign Arbitral Awards (외국중재판정의 집행판결에세 나타난 집행거부사유에 관한 고찰 - 대법원 판례를 중심으로 -)

  • Kim Kyung-Bae
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.213-244
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    • 2004
  • This article studied on international trade dispute of enforcement procedure of foreign arbitral awards at Korean Supreme Court, which is especially related to New York Convention article 5, The key points of most enforcement procedure were about public policy according New York Convention article 5, 2, b and New York Convention article 5, 1. Particularly, Judgement of public policy from Supreme Court represented that the recognition and enforcement of foreign arbitral award is to present and protect basic moral conviction and social order from spoiling, and not only domestic situation but also international stability of transaction should be taken into consideration in judging on recognition and enforcement of foreign arbitral award, which is construed under certain limitation. In this point, you should be understand the concept on refusal reasons in enforcing of foreign arbitral awards

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The Continuous Improvement, Innovation and Learning Concept Embedded in MBNQA Award (MBNQA상에 내포된 지속적 개선, 혁신과 학습 개념)

  • Chung, Kyu-Suk;Kang, Young-Tai
    • Journal of Korean Society for Quality Management
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    • v.35 no.1
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    • pp.73-80
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    • 2007
  • The learning, which is a view extended from and replaces the concept of continuous improvement, has become the very core concept in Malcolm Baldrige National Quality Award. The most potent one among 11 core values in MBNQA Model is 'organizational and personal learning'. Learning also plays a critical role to get the good scores for 6 categories except results category among 7 categories of MBNQA Model. But the concept of learning often has been overlooked by the people who are interested in the MB award or TQM. This paper reviews and analyzes the concept of learning in the MB criteria since it first appears in 1993 to enlighten the importance of learning.

Learning Science in Communicating Science and Technology In-the-making: A Case Study of the 'Science and Technology Mania' Award Program

  • Hwang, Sung-Won;Hwang, Book-Kee;Choi, Jung-Hoon
    • Journal of The Korean Association For Science Education
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    • v.27 no.2
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    • pp.126-133
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    • 2007
  • The 'Science and Technology Mania' award program is an annual nationwide award activity organized to provide teenagers with opportunities for engaging in a high-technology-based long-term project work. The task involves designing a model ship propelled by the Lorentz force (a Lorentz ship) that allows diverse approaches irreducible to one right answer, and thus adopts features of science and technology in-the-making, In this study, we attend to opportunities for learning science that the uncertain aspects of artifact-designing project provide with participants, particularly when students communicate with scientists about their design practices. We analyze oral presentation sessions of the program and articulate two findings. First, students articulate embodied knowing in the presence of scientists. Second, students enact discursive resources deployed in concrete action. We conclude that students' design practices constitute referent that communication is directed toward and therefore become resources for developing scientific discourse.

Improvement of Public Construction Delivery System & Award Method in Korea;Comparison with Cases of U.S., U.K., Japan (국내 공공공사 발주 및 낙찰제도 개선방안;미국, 영국, 일본 사례와의 비교를 중심으로)

  • Ji, Sae-Hyun;Lee, Hyun-Soo;Park, Moon-Seo;Song, Sang-Hun
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2006.11a
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    • pp.367-372
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    • 2006
  • Government is not only the biggest owner in public sector, but also the leader responsible for improving and fostering construction industry. Delivery systems and award methods are enacted as laws via government's strong will for construction innovation. In addition to establishing relationships between government and contractor, delivery systems and award methods affect every aspect of industry. Therefore, the government should keep trying to remove inefficiency and achieve Best Value. This paper analyzes the delivery systems and award methods of advanced countries to extract lessons for Korean industry focusing on leading parties, direction, and change in owner's awareness of their respective innovative movements for construction. The prerequisites for improvement in delivery systems and award methods are suggested as partnership between public and private sectors, consistent innovation, enhancement in efficiency, and reinforcement of owner's capability.

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Recognition and Enforcement of Foreign Arbitral Awards in the Vietnamese Legal System (베트남 법체계에 있어서 외국중재판정 승인 및 집행)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.1
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    • pp.107-127
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    • 2021
  • Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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Analysis of the Physicochemical Characteristics and Sensory Properties in Makgeolli (시판 생막걸리의 이화학 성분과 관능적 특성 분석)

  • Kim, Jae-Woon;Kang, Ji-Eun;Choi, Han-Seok;Kim, Chan-Woo;Jeong, Seok-Tae
    • Journal of the East Asian Society of Dietary Life
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    • v.27 no.5
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    • pp.491-499
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    • 2017
  • This study analyzed the physicochemical characteristics and sensory properties of makgeolli. Fifteen samples of 4 award winning makgeolli and 11 samples of non-award winning makgeolli in a Korea liquors contest were examined. Physicochemical analysis revealed a significant differences in the alcohol content, reducing sugar concentration, color difference, and volatile compounds between the award winning and non-award winning makgeolli (p<0.05). The award winning makgeolli was related to the high contents of alcohol and reducing sugar, bright color, and low contents of ethyl myristate. A total of 24 terms (appearance 2, odor 10, flavor and taste 8, and texture 4) were expressed in terms of makgeolli. Regarding the sensory property, the sweet, raspberry, pear, and yogurt smell were positively related to the award winning makgeolli. In addition, nuruk, savory smell, and savory flavor were positively related to the non-award winning makgeolli. A study of association between the volatile compounds and odor attribute revealed ethyl lactate to have a positive correlation with the raspberry smell (r=0.840) and pear smell (r=0.723) in the award winning makgeolli (p<0.01). The characteristics of makgeolli preferred by consumers are strongly related to the sweet taste and smell, bright color, and fruit flavor.

The Code of Medical Ethics for the Korean Academy of Child and Adolescent Psychiatry: Why Is It Important? (대한소아청소년정신의학회 의료윤리규정: 왜 필요한가?)

  • Koo, Young-Jin;Hwang, Jun-Won;Lee, Moon-Soo;Yang, Young-Hui;Bang, Soo-Young;Kang, Je-Wook;Lee, Dae-Hwan;Lee, Ju-Hyun;Kwack, Young-Sook;Kim, Seungtai Peter;Noh, Kyung Sun;Park, Sung-Sook;Bahn, Geon Ho;Song, Dong-Ho;Ahn, Dong Hyun;Lee, Young Sik;Lee, Jeong-Seop;Cho, Soo-Churl;Hong, Kang-E Michael
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.27 no.1
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    • pp.2-30
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    • 2016
  • This article provides an overview of the developmental history and rationale of medical ethics to establish the code of ethics and professional conduct of the Korean Academy of Child and Adolescent Psychiatry (KACAP). Most medical professional organizations have their own codes of ethics and conduct because they have continuous responsibility to regulate professional activities and conducts for their members. The Ethics and Award Committee of the KACAP appointed a Task-Force to establish the code of ethics and conduct in 2012. Because bioethics has become global, the Ethics Task Force examined global standards. Global standards in medical ethics and professional conduct adopted by the World Medical Association and the World Psychiatric Association have provided the basic framework for our KACAP's code of ethics and professional conduct. The Code of Ethics of the Americal Academy of Child and Adolescent Psychiatry has provided us additional specific clarifications required for child and adolescent patients. The code of ethics and professional conduct of the KACAP will be helpful to us in ethical clinical practice and will ensure our competence in recognizing ethical violations.