• 제목/요약/키워드: Autonomy Principle

검색결과 76건 처리시간 0.026초

어음보증을 이용한 포페이팅거래에 관한 연구 - 중국 어음법을 중심으로 - (A Study of Forfaiting Using Aval - Focusing on the "Law of China on Negotiable Instruments" -)

  • 이홍숙;김종칠
    • 무역상무연구
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    • 제69권
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    • pp.239-259
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    • 2016
  • An increasing number of transactions in the bilateral trade between Korea and China rely on collection and remittance, resulting in an increase in exporters' demand for trade financing. Therefore, there is a need to vitalize forfaiting transactions using drafts or promissory notes, which are based on the collections. In the forfaiting transactions, exporters transfer a payment claim to forfaiters on a non-recourse basis through a without recourse endorsement. However, forfaiters do not know importers' creditworthiness and ability to repay drafts or promissory notes; thus, they need a bank aval as a means of credit support. In forfaiting using aval, the drafts or promissory notes are transferred internationally. However, there is no internationally unified law that regulates drafts and promissory notes, and the governing laws related to such drafts and promissory notes do not accept the "principle of party autonomy." Therefore, there is no other choice but to apply the laws of a certain country, in the event of any dispute relating to such drafts or promissory notes. This paper examined forfaiting using aval from the comparative law perspective, focusing on the "Law of China on Negotiable Instruments." The results of this study may to provide businesses involved in international trade with practical guidance and assistance when using forfaiting with aval, especially in trade with China.

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FOB 계약(契約)에서 물품적합성조항(物品適合性條項)의 유효성(有效性) 문제(問題) -The Mercini Lady 사건(事件)을 중심으로- (Problems on Validity of the Goods Conformity Clauses in FOB Contracts)

  • 최명국
    • 무역상무연구
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    • 제58권
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    • pp.35-58
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    • 2013
  • In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18. ${\cdots}$ clause 18 was not to be construed as extending to conditions ${\cdots}$". In relation to the problems on validity of the goods conformity clauses in FOB contracts, when considering Lord Wright's comments ("${\cdots}$ hence apt and precise words must be used to exclude it: the words guarantee or warranty are not sufficiently clear.") in Cammell Laird & Co Ltd v Manganese Bronze and Brass, FOB contracts are fundamentally one that seller's duty to deliver the goods is completing at the port of shipment and "principle of party autonomy" in Contract Law, I do not think that the terms implied by section 14 of the SGA and Common Law cannot absolutely excluded by the goods conformity clauses in sale contracts. Therefore, in order to exclude the implied terms, the parties must very clearly spell out this in the relevant clauses.

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2D와 3D Graphic 기반으로 구성된 GUI의 효율성의 차이 -가상현실이론을 활용한 가상 3D IPTV 인터페이스 개발- (Difference of GUI Efficiency based on 3D and 2D Graphic -Imaginary 3D IPTV Interface Development Using Virtual Reality Theory-)

  • 성정찬;이대영;김형구
    • 한국콘텐츠학회논문지
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    • 제7권7호
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    • pp.87-95
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    • 2007
  • 본 연구에서는 미래의 영상 콘텐츠를 조작하는 사용자 인터페이스(User Interface)가 3차원 중심으로 변화할 것이라 예측하여, 지금까지의 2차원 인터페이스와 3차원 인터페이스간의 공통점과 차이점을 GUI(Graphic User Interface)의 원칙을 기준으로 연구하고 3차원 인터페이스의 특징을 가상현실의 원리를 통해 살펴보고자 하였다. 이러한 이론적 연구를 바탕으로 실재의 2차원 인터페이스를 3차원 인터페이스로 변경 제작하여 설문조사를 실시하였으며 개혁확산이론에 근거하여 작성된 설문조사의 분석을 통해 2D와 3D 인터페이스를 비교하고 3D 인터페이스가 차세대 영상 콘텐츠의 주력 인터페이스가 될 수 있는 지의 가능성의 여부를 타진해본 결과 기존의 인터페이스를 대신하여 더 많은 시장가치를 지닌 인터페이스로서의 면모를 발견할 수 있었다.

중재계약의 성질과 효력에 관한 연구 (A Study on Legal Property and Effect of Arbitration Agreement)

  • 김명엽
    • 한국중재학회지:중재연구
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    • 제11권1호
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    • pp.121-143
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    • 2001
  • Arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of defined legal relationship, whether contractual or not. Arbitration has become increasingly popular in settling international and domestic commercial disputes nowadays. The importance of arbitration agreement cannot be overemphasized. It is the most reasonable way to settle commercial disputes. There are two types in arbitration agreement. one is arbitration clause, the other is submission agreement. The arbitration agreement must be made in writing, in addition, other communication instruments shall be considered as effective arbitration agreement if they are properly documented. Over the past few decades, a considerable number of studies have been conducted on the legal property of arbitration agreement in Germany and Japan. Its legal property is aspect of substantial law contract. The basis of arbitration agreement is the principle of party autonomy. The important effect of arbitration agreement is to preclude jurisdiction from national court. The respondent shall raise a plea not later than when submitting his first defense on the merits of the action. As positive effect of arbitration agreement, the court must support the conduct of arbitral proceedings and arbitrator can be appointed upon request of a party.

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졸업 후 의학교육에 경험학습이론의 활용 (Applications of Experiential Learning Theory to Graduate Medical Education)

  • 이영희;김병수
    • 의학교육논단
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    • 제11권1호
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    • pp.11-20
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    • 2009
  • The purpose of this study was to introduce the concepts of experiential learning and the Kolb's model, and to review some applications of experiential learning theory in graduate medical education. The published literature on GME and education for general practitioners applying the experiential theory and the Kolb's model was reviewed. Experience learning defined the cyclical learning process which emphasizes the learners' reflective thinking of the learners' concrete experiences and their active participation in continuous learning actives. Kolb includes this 'cycle of learning' as a central principle in his experiential learning theory. This is typically expressed as a four-stage cycle of learning. Kolb's cycle moves through concrete experience(CE), reflective observation(RO), abstract conceptualization(AC) and active experimentation(AE). Components of continuing education of the adult learner were based on autonomy, context of learning, and competence and performance as educational objectives. Some strategies for graduate medical education were reflective thinking, self-directed learning, morning reporting and feedback with peer review, etc. Opportunities for learning from experience in practical life can be made to enhance reflective thinking and performance of practitioners. Strategies to develop reflective practice among physicians should be explored by further research.

Information Technology Usage to Improve the Perceived Quality of Healthcare Service

  • Vilivong, Chindavanh;Cho, Namjae
    • Journal of Information Technology Applications and Management
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    • 제21권2호
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    • pp.31-48
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    • 2014
  • The concept of Health Related Quality of Life and its determinants have evolved since the 1980s. Although many researchers have published articles of technology usage in hospitals and the installation of technology based healthcare system, the research about applying the information technology to improve the patients' perceived quality of healthcare services is still limited. In general, services are deeds, processes and performances that are essentially concerns of the consumer. The healthcare service quality depends on tangible factors, such as equipments, facilities, and the quality of hospital staff and also the intangible ones. The main purpose of this work is to establish new model and find out the contribution of information technology to enhance the patients' perceived quality of healthcare service. We attempted to examine the main information technology related factors in 3 aspects, namely quality of information, the technology accessibility and the community that can improve patients' perceived quality of healthcare services. Offline and online questionnaires were used to measure the patients' perceived quality and were distributed to 384 people in 2 countries, Laos and South Korea. A principle component analysis and multiple regressions were used to verify our model. Results show that the use of information technology has partial positive effect on patient-physician interaction in both countries. However, patient knowledge and patient autonomy which are the 2 dimensions of patient-physician interaction has significant positive effect on patients' perceived quality of healthcare service.

사전동의(Informed Consent)에 관한 입원환자의 경험 (A Study on the In-Patients' Experiences of Informed Consent)

  • 유명숙
    • 간호행정학회지
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    • 제12권2호
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    • pp.255-264
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    • 2006
  • Purpose: This study was carried out to understand the in-patients' experiences related on informed consent for examination, treatment or surgery. Method: The study was conducted with 578 patients who were admitted to the departments of internal medicine and surgery for examination, treatment or surgery requiring informed consent from November 1 to 30, 2004 at three general hospitals in Daegu, Busan and Gyeongsangbuk-do. The data was analyzed by using SPSS 11.5 for Windows. Results: Although the one who explains during the process of informed consent should be doctors, 6.6% was informed by nurses or others. In addition, the majority has been told for complications and risk while relatively fewer patients were informed for necessity, method and costs of the procedure, and no one ever heard of other alternatives or the right to terminate the procedure at any time. While 40% of patients were not the final decision-makers of examination, treatment or surgery, 11.9% of patients answered their opinions were not considered during the final decision-making process. Conclusion: The study suggest that the ethically appropriate informed consent has not been achieved in the clinical practice, and therefore it is necessary to develop the specific behavioral guidelines and nursing ethics education program for nurses in order to settle down the desirable informed consent at the dimension of nursing management.

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해상보험증권의 해석상 작성자 불이익의 원칙의 적용에 관한 연구 (A study on the Application of the Contra Proferentem Rule in the Interpretation of Marine Insurance Policies)

  • 김성후;한낙현
    • 무역학회지
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    • 제45권5호
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    • pp.279-301
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    • 2020
  • In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

새로운 간호윤리학 방법론;통합된 사례방법론 (An integrated Method of New Casuistry and Specified Principlism as Nursing Ethics Methodology)

  • 엄영란
    • 간호행정학회지
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    • 제3권1호
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    • pp.51-64
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    • 1997
  • The purpose of the study was to introduce an integrated approach of new Casuistry and specified principlism in resolving ethical problems and studying nursing ethics. In studying clinical ethics and nursing ethics, there is no systematic research method. While nurses often experience ethical dilemmas in practice, much of previous research on nursing ethics has focused merely on describing the existing problems. In addition, ethists presented theoretical analysis and critics rather than providing the specific problems solving strategies. There is a need in clinical situations for an integrated method which can provide the objective description for existing problem situations as well as specific problem solving methods. We inherit two distinct ways of discussing ethical issues. One of these frames these issues in terms of principles, rules, and other general ideas; the other focuses on the specific features of particular kinds of moral cases. In the first way general ethical rules relate to specific moral cases in a theoretical manner, with universal rules serving as "axioms" from which particular moral judgments are deduced as theorems. In the seconds, this relation is frankly practical. with general moral rules serving as "maxims", which can be fully understood only in terms of the paradigmatic cases that define their meaning and force. Theoretical arguments are structured in ways that free them from any dependence on the circumstances of their presentation and ensure them a validity of a kind that is not affected by the practical context of use. In formal arguments particular conclusions are deduced from("entailed by") the initial axioms or universal principles that are the apex of the argument. So the truth or certainty that attaches to those axioms flows downward to the specific instances to be "proved". In the language of formal logic, the axioms are major premises, the facts that specify the present instance are minor premises, and the conclusion to be "proved" is deduced (follows necessarily) from the initial presises. Practical arguments, by contrast, involve a wider range of factors than formal deductions and are read with an eye to their occasion of use. Instead of aiming at strict entailments, they draw on the outcomes of previous experience, carrying over the procedures used to resolve earlier problems and reapply them in new problmatic situations. Practical arguments depend for their power on how closely the present circumstances resemble those of the earlier precedent cases for which this particular type of argument was originally devised. So. in practical arguments, the truths and certitudes established in the precedent cases pass sideways, so as to provide "resolutions" of later problems. In the language of rational analysis, the facts of the present case define the gounds on which any resolution must be based; the general considerations that carried wight in similar situations provide warrants that help settle future cases. So the resolution of any problem holds good presumptively; its strengh depends on the similarities between the present case and the prededents; and its soundness can be challenged (or rebutted) in situations that are recognized ans exceptional. Jonsen & Toulmin (1988), and Jonsen (1991) introduce New Casuistry as a practical method. The oxford English Dictionary defines casuistry quite accurately as "that part of ethics which resolves cases of conscience, applying the general rules of religion and morality to particular instances in which circumstances alter cases or in which there appears to be a conflict of duties." They modified the casuistry of the medieval ages to use in clinical situations which is characterized by "the typology of cases and the analogy as an inference method". A case is the unit of analysis. The structure of case was made with interaction of situation and moral rules. The situation is what surrounds or stands around. The moral rule is the essence of case. The analogy can be objective because "the grounds, the warrants, the theoretical backing, the modal qualifiers" are identified in the cases. The specified principlism was the method that Degrazia (1992) integrated the principlism and the specification introduced by Richardson (1990). In this method, the principle is specified by adding information about limitations of the scope and restricting the range of the principle. This should be substantive qualifications. The integrated method is an combination of the New Casuistry and the specified principlism. For example, the study was "Ethical problems experienced by nurses in the care of terminally ill patients"(Um, 1994). A semi-structured in-depth interview was conducted for fifteen nurses who mainly took care of terminally ill patients. The first stage, twenty one cases were identified as relevant to the topic, and then were classified to four types of problems. For instance, one of these types was the patient's refusal of care. The second stage, the ethical problems in the case were defined, and then the case was analyzed. This was to analyze the reasons, the ethical values, and the related ethical principles in the cases. Then the interpretation was synthetically done by integration of the result of analysis and the situation. The third stage was the ordering phase of the cases, which was done according to the result of the interpretation and the common principles in the cases. The first two stages describe the methodology of new casuistry, and the final stage was for the methodology of the specified principlism. The common principles were the principle of autonomy and the principle of caring. The principle of autonomy was specified; when competent patients refused care, nurse should discontinue the care to respect for the patients' decision. The principle of caring was also specified; when the competent patients refused care, nurses should continue to provide the care in spite of the patients' refusal to preserve their life. These specification may lead the opposite behavior, which emphasizes the importance of nurse's will and intentions to make their decision in the clinical situations.

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인공유산에 대한 간호학생의 태도 (Nursing Studets's Attitude of Induced Abortion)

  • 전미영;문미숙
    • 한국간호교육학회지
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    • 제4권2호
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    • pp.264-279
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    • 1998
  • This study researches the attitudes of nursing students toward induced abortion. It aims to Identify the structure of subjectivity of nursing students toward induced abortion. As the research method, Q-statements were collected preliminary to the study through in-depth group talking, case study and literature review. For the study, 28 Q-statements were selected. There were 40 students as subjects for the research. The 40 students sorted the 28 statements using the principle of Forced Normal Distribution. The results of the study were as follows : Three attitude types toward induced abortion were derived from Q-Factor analysis by using PC Quanal Program. The first type is called qualified deontology type. The second type is called rational utility type. The third type is called self-centered utility type. 1) Qualified deontology type emphasizes the importance of respect for life. Induced abortion is acceptable within just limit circumstances. 2) Rational utility type has more tolerance limits. There are rationale for induced abortion. Thls type hates becoming the target of criticism because they are single mothers, were rape or had a deformed baby. 3) Self-centered utility type believe that the most important in the world is one's self. This type emphasizes the importance of women's autonomy. And then the woman should be able to decide about abortion, because it is her body, it is her choice. The result of the study suggests that nursing education need more ethical teaching of the importance of human life. Be cause the fundmental concept of nursing is in the preservation of human life and in the respect for life, dignity and the rights of man. Nursing ethics is a essential for nurses.

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