• Journal of the Korean Society of Marine Environment & Safety
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• v.16 no.4
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• pp.387-391
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• 2010

Advanced maritime countries such as U.S., Canada, Australia, have been initiated in integrated oceans management through enactment of oceans laws and establishment of ocean policies since UNCLOS and Agenda 21. However, the oceans policies of U.S., Canada and Australia show some limitations in view of integration because of its inherent characteristics of federal government systems. The U.S., Canada and Australia have not a leading agency for integrated oceans policies, have not included jurisdiction of local governments in federal government oceans policies, and have not addressed support to private oceans sector in their ocean policies. Instead, those countries have established ad-hoc oceans committee to achieve cooperation and coordination in oceans management.

• Korean Medical Education Review
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• v.22 no.3
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• pp.173-188
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• 2020

Medical humanities education (MHE) is as essential as basic medical sciences and clinical medicine education. Despite the importance of MHE, MHE curriculum development (CD) has proven to be challenging. This critical review examines the MHE CD at one medical school. The critical review methodology was developed based on Kern's six step CD model to systematically examine the CD of "Doctoring and Medical Humanities (DMH)" at the Yonsei University College of Medicine. Five review questions were developed related to (1) necessity, (2) direction and purpose, (3) design, (4) operation, and (5) evaluation of CD based on Kern's model. The review showed that the process of DMH CD mapped to components of Kern's model. The DMH curriculum content selected was closely related to medical practice and aimed to combine the acquisition of understanding and skills by designing a student-participatory curriculum based on clinical cases. Assessment methods that emphasized students' reflections were actively introduced in the evaluation section. Since the regular committee for DMH continued the work of the special ad hoc committees for DMH CD, the CD was effectively completed. However, the planning and evaluation functions and responsibilities of the DMH committee need to be strengthened. Despite the apparent limitations, the fact that students showed a high satisfaction rate and preferred small group discussions based on clinical cases has significant implications in the instructional design of MHE, where changes in self-awareness and attitude are more important than the acquisition of information. It is necessary to systematically review and study students' reflection results produced by the changed assessment methods and to develop assessment indicators for MHE that reflect the achievements of the MHE competencies of students.

• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.37-57
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• 2017

On 9 March 2017, a Tribunal constituted under the ICSID Convention issued its ruling in the case of Ansung Housing v. People's Republic of China, dismissing with prejudice all claims made by the Claimant, Ansung Housing Co., Ltd., in its Request for Arbitration, pursuant to ICSID Arbitration Rule 41(5). Ansung Housing v. PRC has drawn attention since it is the first case where an investor with Korean nationality initiated an ICSID arbitration on the basis of the Korea-China Bilateral Investment Treaty (BIT) as amended in 2007 between the Republic of Korea and the People's Republic of China. The Tribunal finds that its ruling is about a lack of jurisdiction of the ICSID and of its own competence as well as regarding manifest lack of legal merit due to a lack of temporal jurisdiction, since a Respondent's Rule 41(5) objection is concerned with the three-year limitation period in Article 9(7) of the Korea-China BIT. The Tribunal held that, under Article 9(7) of the Korea-China BIT, the limitation period begins with an investor's first knowledge of the fact that it has incurred loss or damage, not with the date on which it gains knowledge of the quantum of that loss or damage. Finally, the Tribunal held that Ansung submitted its dispute to ICSID and made its claim for purposes of Article 9(3) and (7) of the BIT after more than three years had elapsed from the date on which Ansung first acquired knowledge of loss or damage and that the claim is time-barred and, as such, is manifestly without legal merit. It remains to be seen whether the aggrieved Claimant initiates annulment proceedings before an ad hoc committee under the ICSID Convention. It is quite interesting to see whether the decisions by the Tribunal should be reversed on the basis of the Claimant's arguments as to the start date as well as the end date of the limitation period under the Korea-China BIT.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.33-62
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• 2012

Arbitration is an essential methods of settlement for disputes in international commercial transaction. UNCITRAL Arbitration Rules have been in force after adoption in 1976. Over the 30 years, UNCITRAL Arbitration rules have been modeled for domestic and international arbitration institutes for setting and revision on their arbitration rules. UNCITRAL Committee has published the revised Arbitration Rules which entered into force after 15 August 2010. Therefore new version of arbitration rules are substituted for the previous version of UNCITRAL Arbitration Rules 1976 since its enforcement. The revised arbitration rules of UNCITRAL have been changed in various items for convergence with new trends and modern practices on arbitration including information communication and technology. The revision of arbitration rules focused on resolving problems in practice and codifying best practice to enhance the efficiency of arbitration conducted under the rules. There are considerable in a number of important respects on the removing the restricted in writing requirement for information technology, adapting the multiparties arbitration, joinder arbitration, truncated arbitral tribunal and adjustment in terms and condition and construction simply. Also a number of provisions have been refined, varied and clarified with new articles included. Conclusively the new revised arbitration rules fill a number of gaps which became apparent in the UNCITRAL Arbitration Rules 1976 to bring into line with new modern practices of international arbitration rules in international commercial disputes. This paper focus on the study the problems and inspired points on significant revised provisions and its considerable points in arbitration environment. This paper is approaching to the comparisons of UNCITRAL revised Arbitration Rules 2010 with previous Arbitration Rules 1976 of UNCITRAL and International Arbitration Rules 2011 of KCAB.

• Journal of Korea Technology Innovation Society
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• v.8 no.1
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• pp.183-208
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• 2005

In recent years, national R&D programs tend to become larger and more complicated, which necessitates strengthening the overall coordination of national R&D programs at the inter-ministerial level from the program planning stage. This paper looks into the status and problems of Korea's national R&D programs and proffers ways to improve the current system It highlights the problems shown in the process of the 2004 overall coordination and their rectification. First, various ad-hoc private-led committee brought about inefficiency in decision making process. Therefore, it is necessary to streamline such committees and strengthen the function of the Office of Science and Technology Innovation, Second, in view of the implementation of the overall coordination system, it is necessary to identify the problems in full detail that were raised in the course of the previous year's overall coordination so that new projects can be allotted minimal grades and follow-up activities can be efficiently put into execution. Third, it is necessary to establish standing committees for constant review and efficient utilization that will be devoted to reviewing programs overlapped and their linkage. Fourth, priority of investment regarding the nation's strategic policy direction should be reflected. Fifth, given the lack of performance-based evaluation system, it is necessary to develop macro and micro evaluation indices in conjunction with enacting the tentatively named "Performance-based Law." The overall coordination system of national R&D programs should be supplemented and further developed in relation to the aforementioned problems and their rectification in order to enhance the expertise, fairness, and efficiency of the nation's R&D coordination system.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.3-25
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• 2005

The companies' management strategies of the electronic commerce market are different from those of the traditional market. The main difference between the electronic commerce market and the traditional market is an IT network system which is a companies' management strategies in the electronic commerce market. This study focuses on the examination and analysis of the companies' management strategies which are constituted through influence on the effectiveness of the IT network system in the electronic commerce market and Promoting Arbitration System in The Era of Digital Economy this study is to introduce several alternative policies of the Government and companies to such formated IT network system of the electronic commerce market in the future. It's also suggested that the Korean Commercial Arbitration Board (KCAB) fully cover consideration and arbitration, while KCAB for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR operation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate. The paper points out the last one as the most desired practice. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

• Korean Medical Education Review
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• v.18 no.1
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• pp.1-15
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• 2016

In preparing for the unification of North and South Korea, rather than unilaterally over-writing the North's human resource training system with the South's health care human resource development system, it is important to understand the North's system and its ecology and to achieve a balance by seeking out aspects of each of the systems that could be consolidated with each other. The training period in both the North and South's health care human resource development systems is specified to be 6 years, but there is no system for internships or residencies in the North. South Korea introduced a 6-year system for pharmacist education in 2009, but North Korea has been using such a system since the 1970s (currently 5.5 years). In North Korea, training of health care personnel is conducted at various levels: at universities, at vocational schools, and at institutes for training health officials. Various types of training (daytime training, online, and ad hoc programs) are carried out. Also of interest is the North's licensure examination system. Rather than a state examination system as in South Korea, the North favors a graduation exam given by a national graduation examination committee composed of university professors, which awards both graduation certificates and 'permits,' that is, licenses for doctors and pharmacists. In working out a plan for the integration of the two Koreas' systems based on the study and analysis of the North's educational and testing system for doctors and pharmacists, this paper does not place exclusive focus on the distinctions between the systems or cling to negative views. Rather than claim that unification/integration is a practical impossibility, the paper focuses on the similarities between the two systems and maximizes them to uncover an approach for arriving at solutions. It is hoped that the practical data offered in this paper can contribute to the design of a forward-minded unification/integration model.

• Journal of Korean Academy of Nursing
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• v.26 no.1
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• pp.73-93
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• 1996

This study aimed to analyse the test contents of the national examination for the registered nurses (NERN) over 3 years from 1991 to 1993 in Korea. In recent years in Korea, the MCQ(multiple choice question) has been showing to be a highly recognized method for assessing the qualification of registered nurses. Unfortunately, nursing faculties have found NERN had some bad MCQs through having evaluation workshop for Some MCQs often provide so many unwriting clues which become a bias of the results, and some items fell into the category of the lower level of educational taxonomy such as isolated recall a fact or data. Frequently the stems of the questions are ambigous, unclear, disputable, esoterical or trivial. Considering those fallacies of the national examination, it is very critical to review the test items to see whether it is of high quality, is more fair, reliable and objective in depth. Therefore, this study was done to provide data for the improvement of the test contents as well as the teachers's assessment skill. For this study, the ad hoc committee was composed of 16 members, including 5 education board members of Korean Academic Nurses Association and 11 nursing faculty members. This committee had one day panel discussion and filled the checklist for this study. The process of analysing data was held over 10 times during 1992-1994. The analysis focussed on educational taxonomy such as cognitive domain(knowledge), psychmotor domain (skill), affective domain(attitude) and the level of learning such as recall, understanding, problems solving, and learning area of theory and practice, and the learning content categorised by nursing process and disease process. The test analysed using difficulty index and the structure of the test items was analysed. The conclusions and suggestion as follows : 1. In learning area, the average ratio of the theory and practice was 1 : 1.1 which was less than 1 : 2 suggested by Korean National Health Institute, and the ratio was different by the 8 leaning subjects of nursing. 2. In category of the educational taxonomy, the knowledge domain was emphasized mostly（79. 7％）, the skill domain was 14.9％, and the attitude domain was 5.4％ only. 3. In the level of learning, generally, the test items of the level of recall（45.5％） and the understanding（46.3％） were covered almost and the problem solving was 8.1％. 4. In the learning contents, generally, the test items related to nursing process was 67.2％ and that of disease process was 32.8％. However, this proportion was different by the 8 leaning subjects. Even though the nursing diagnosis has been emphasized in nursing curricula recently, the test items of this was identified very few. 5. In the structure of the test item, some were not clear, incorrect grammar, unclear description and some have clues to answer. 6. In the item analysis, the non-acceptable level of the difficulty index (means too easy) was 65.7％, and the acceptable level was 33.9％. Considering the results we would like to suggest the followings, 1. Since the test items of knowledge domain was dominant, the test items of the practice domain and attitude domain should be emphasized more. 2. The regular review and analysis of NERN should be arranged in order to improve the quality of the test items which will give influence to the nursing education positively.

• Journal of Korean Academy of Nursing
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• v.27 no.1
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• pp.83-95
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• 1997

This study analyzed the necessity of detailed items of fundamentals of nursing education in college by soliciting answers from clinical nursing educators in hospitals and nursing professors. The questionnaire consisted of four parts. The first part included questions about the general demographic characteristics of respondents, the second part. questions about the general necessity of fundamentals of nursing, the third part, questions about the necessity of 26 items in fundamentals of nursing in knowledge education and about the necessity of 81 items in fundamentals of nursing in practice education, the fourth part solicited free description of ideas about the problems education in fundamentals of nursing in Korea. Thirty professors from universities, 30 professors from community. and 30 clinical nursing educators were randomly sampled and the questionnaires were sent by mail. Seventy people returned completed questionnaires. Ninety three percent evaluated fundamentals of nursing as necessary for nursing not only in knowledge education but also in practice education. They also generally agreed on what items are necessary for fundamentals of nursing. However. opinions about some items were split between nursing scholars and clinical nursing educators. Clinical educators wanted fundamentals of nursing to be more practical and to incorporate recent developments and changes in clinical settings. They described several problems in fundamentals of nursing. One was that some the content of fundamentals of nursing overlaps with other subjects, especially with adult nursing. Some respondents also thought that fundamentals of nursing included too many topics. These problems make it difficult for students, scholars, and nurses identify what fundamentals of nursing is. This causes an identity problem in fundamentals of nursing. Some disparity between clinical nursing and knowledge education in fundamentals of nursing was also reported. This was also related to problems lack of clinical experience in teachers of fundamentals of nursing. Some respondents suggested requiring clinical experience for professors or establishing a system of clinical professorship. Problems of teaching material were also pointed out. Fundamental nursing skills and knowledge in teaching materials are often old or not appropriate for the Korean nursing situation. The respondents urged the development of teaching materials appropriate for Korean nursing. In order to solve these problems, the authors suggest forming an ad hoc committee which can reformulate and standardize education in fundamentals of nursing in Korea.