• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.145-164
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• 2007

The Arbitration costs provided in Article 31 consist of arbitrators' fees, arbitrators' expenses, ICC administrative expenses, expenses of experts appointed by the Arbitral Tribunal, and parties' costs. Among them the first three items are independently determined by the Court in accordance with the Scale, while another two items are determined by the arbitrator and each party. The three items determined by the Court are communicated by Secretariat to the Arbitral Tribunal for inclusion in the award following the approval of the draft submitted to the Court. Also the final award may decide which of the parties shall bear them or in what proportion they shall be borne by the parties. According to Article 31(3), the arbitrators have complete jurisdiction or discretion to allocate the costs. Three common approaches are as follows; First, all of the costs are borne by the losing party. Second, all of the costs are allocated in proportion to the outcome of the case. Third, all of the costs determined by the Courts are shared equally by the parties and both parties bear their own costs. But, both parties may include intentions in accordance with the principle of party autonomy. For example, if the parties wish to ensure that the arbitration costs be shared equally and that the arbitrator make no allocation of costs or fees, the following sentence could be added to the arbitration clause in their contract. "All costs and expenses of the arbitrators [and the arbitral institution] shall be borne by the parties equally; each party shall bear the costs and expenses, including attorneys' fees, of its own counsel, experts, witness and preparation and presentation of its case" And also, if the parties wish expressly to link any allocation of costs, and fees to the result of the award the following could be added to the arbitration clauses. "The arbitrators may award to the prevailing party, if any, as determined by the arbitrators, its costs and expenses, including attorneys' fees"

• Journal of the Korean Society of Costume
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• v.65 no.8
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• pp.64-76
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• 2015

Gilles Deleuze highly evaluated Baroque as the expression body that implements the fold theory, a philosophical thinking about the nature of beings. This can be seen as a meaning that Baroque implements the essence of the world, or the power constituting that essence. In addition, the beauty of Baroque focuses on 'New Harmony' the sum of partial forms caused by each element, and not Platonic harmony. he evaluated the aesthetic of Baroque costume as 'acquisition of liberation and autonomy', 'derived force from infinite spiritual forces'. This study analyzed the contents of the Aesthetic of Baroque costume based on the reviewed Deleuze's folding theory, Baroque aesthetics, and views of Baroque costume. As a result, it inferred the aesthetic of Baroque costume into four types, which are as follows: open structural openness, overlapping structural dynamics, integrated structural diversity, and relationship structural integrity. This study analyzed the aesthetic of Baroque costume based on Deleuze's philosophical thinking. The analysis showed that its aesthetics, which focused on "New Harmony", created energy of life and a venue for expression of power, as the aesthetics eliminated the prejudice of complexity and excessive decoration. In addition, Baroque costume is not the simple historical costume of the past. Instead, it is one of power and spirit, still existing in modern fashion. Baroque costume's formativeness and Paradigm can be said to provide the creative principle important for modern fashion because the aesthetics implemented in Baroque costume accepts free spirit, new challenge, difference and diversity, and is similar to the spirit pursued by modern art and fashion.

• The Journal of Korean Academic Society of Nursing Education
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• v.6 no.2
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• pp.345-358
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• 2000

The purpose of this study is to investigate the effect of the preceptorship on nursing performance and job satisfaction of the preceptor. This study was as a one group pretest-posttest study. The subjects were 33 nurses who was selected as preceptors in 1998. This study was carried out from 16 April 1998 to 25 May 1998. Nursing performance was measured on a 6-D scale developed by Schwirian (1978) and job satisfaction was measured by a tool developed by Slavitt et al.(1978) and interpreted by Yoon (1990). The collected data were analyzed by paired t-test with SPSSWIN. The results were summarized as follows: 1. After the preceptorship, nursing performance of the preceptor increased significantly compared to before the preceptorship. All of the score of subscales was increased. 2. After the preceptorship, job satisfaction of the preceptor was increased slightly compared with before the preceptorship, but it was not statistically significant. The scores of the subscales increased in job status, interaction, autonomy, and organization. However, the score of the task requirement was decreased. Through the results of this study, increase in nursing performance, but only a slight increase in job satisfaction can be observed(not statistically significant). It seems that the content of preceptor program, the principle of adult learning, scientific problem solving, communication, feedback, and direct teaching experience affect the individual nursing performance of the preceptor. The preceptorship was useful with personnel development in terms of organization. To fully carry out the role of educating the preceptee, it is important to motivate the preceptor and to induce job satisfaction of the preceptor.

• Journal of Fisheries and Marine Sciences Education
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• v.24 no.6
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• pp.901-919
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• 2012

The purpose of this study is to conceptualize some issues around university restructuring in Korea, and explore rational-practical solutions ensuring the survival of higher education institutes confronting many challenges like rapid decreasing rate of birth, global open market of higher education system, and the phenomena of concentration on capital city area etc.. In order to achieve study goals, higher education policies and provisions of past governments from DaeJung Kim's to current MeongBak Lee's were analyzed, and also characteristics and directions of university restructuring of each government were identified. Through this analysis, it was evident that the main concern of university restucturing discourse was primarily focused on how to make public universities have high level of competitiveness. On the other hand, private universities had been totally alienated from university restructuring discourse since 1990's, despite their historical and great contributions to national development of our country. Based on some criticisms of educational policies of national government and partial revision proposal of the higher education act initiated by a few assemblymen, this study suggested eight solutions for developmental restructuring of private universities; constructing comprehensive framework of university restructuring, keeping market-friendly restructuring principle to allow universities take an autonomous position, revising methods, criteria and indexes of university evaluation, reducing the number of enrolling students, not the number of universities and colleges, a new policy to develop local universities allying with universities located at capital city area, differentiating private universities into two types of semi- or quasi-national university and complete autonomous university, legislating financial supports to private universities, and lastly, equal treatment of public and private universities in pursuit of half price tuition.

• Asian Pacific Journal of Cancer Prevention
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• v.16 no.2
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• pp.837-840
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• 2015

Background: The disclosure of a diagnosis of cancer is complex, particularly in older patients. The aim of this study was to investigate the association between age and not knowing the diagnosis, and its impact on mood. Materials and Methods: The study included 70 patients with various types of solid and hematologic cancer in early stages, which were followed up in an outpatient oncology/hematology clinic in Turkey between January, 2014 and June, 2014. Initially the caregivers of patients were asked whether the patients knew their diagnosis or not. A questionnaire for the Geriatric Depression Scale was then administered to the patients. Patient age, gender, marital status and education level were noted and analyzed with respect to knowing the diagnosis and depression. Results: Of the 70 patients, 40% of them were female. The mean age was $68.2{\pm}8.9$. The rate of the patients who does not know their diagnosis was 37.1% (n=26). The overall depression rate with GDS was found 37.1% (n=26) among the participants. There was no association with knowing the diagnosis (p=0.208) although the association between not knowing the diagnosis and age was significant (p=0.01). Conclusions: In this study we revealed no association between not knowing the diagnosis and depression in elderly patients. Contrary to what some has thought, the patient is not protected from psychological distress by not being informed about the diagnosis. We believe this study and similar ones will help to discuss and further explore patient autonomy, the principle of respect to self-determination and end of life issues in different cultures.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.461-494
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• 1999

This study is to analyse the applicability of governing law in multi-party contractual relationship of letter of credit. And this study is also to suggest the limits of the possibility of applicable law in multi-party contract. The contract of letter of credit constitutes complex relationship, i.e., applicant -beneficiary, applicant-issuing bank, issuing bank-intermediary bank ect. The law applicable to letter of credit should not use a singular governing law in all credit transaction as sales contract. To solve these problems, the author analysed the law applicable to the credit under multi-party contractual relationship as follow : (1) the principle of party autonomy (2) In the absence of express agreement with regard to the law applicable to the contract, lex loci contractus, lex loci solutionis, the law intended by the parties, the law with which contract is most closely connected. Accordingly, when attempting to ascertain the law governing the credit, it should be borne in mind that the credit involves several contractual relationships. I would like to conclude as follows: 1. The contract between the applicant and the Issuing bank is to be governed by the law of the country where the contract is made, and in which the bank carries on business and has issued the credit. 2. When it comes to the beneficiary-Intermediary bank relationship the following rule is given : The liability of an intermediary bank to the seller is governed by the law the country where the intermediary bank is operating if it is acting as principal. If, however, it is acting as agent(advising bank), it will be the law of the country where his principal is situate. 3. The contract between the beneficiary and the Issuing bank is governed by the law of the country where the payment is to be performed. 4. The contract between the Issuing bank and Intermediary bank is governed by 1) the law of the issuing bank is applicable if the intermediary bank only advises the credit, 2) the law of the issuing bank is applicable but if the intermediary bank makes payment, accepts or negotiates drafts against the tender of the documents, i.e., act as the bank dffecting the payment., 3) the law of the confirming bank is applicable if the irrevocable letter of credit is confirmed by the intermediary bank

• Archives of design research
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• v.14
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• pp.121-138
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• 1996

The purpose of this study is to develop a new architectural language and design strategies that would anticipate and incorporate new historical situations and new paradigms to understand the world. It consists of four sections as follows: First, it presents a new interpretation of space, human body, and movement that we find in modern art and tries to combine that new artistic insight with environmental design to provide a theoretical basis for performance-event architecture. Second, it conceives of architectural environment as a combination of space, movement, and probabilistic situations rather than a mere conglomeration of material. It also perceives the environment as a stage for performance and the act of designing as a performance. Third, in this context, man is conceived of as an organic system that responds to, interacts with, and adapts himself to his environment through self-regulation. By the same token, architecture should be a dynamic system that undergoes a constant transformation in its attempt to accommodate human actions and behaviors as he copes with the contemporary philosophy characterized by the principle of uncertainty, fast-changing society, and the new developments in technology. Fourth, the relativistic and organic view-point that constitutes the background for all this is radically different from the causalistic and mechanistic view that characterized the forms and functions of modernistic design. The present study places a great emphases on dematerialistic conception of environment and puts forth a disprogramming method that would accommodate interchangeability in the passage of time and the intertextuality of form and function. In the event, performance-event architecture is a strategy based on the systems world-view that would enable the recovery of man's autonomy and the reconception of his environment as an object of art.

• International Commerce and Information Review
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• v.13 no.4
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• pp.275-295
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• 2011

Any attempt which requires banks to consider non-documentary conditions would destroy autonomy principle and increase the risks of the bank in L/C transactions. Therefore, non-documentary conditions are disregarded in the letter of credit. This provision was first introduced in UCP500, but later, ICC Position Paper No.3 added that if L/C requires documents related to non-documentary conditions, it cannot be disregarded. While the language in UCP600 is basically the same as that in UCP500, there is a difference between the two in that the former disregards the documents related to non-documentary conditions even if they are required by L/C. However, it should be remembered that international standard banking practice does not disregard all of non-documentary conditions. It recognizes the validity of some non-documentary conditions which it is not feasible to change into documentary conditions. That is, such non-documentary conditions as can be determined from an index specified in the guarantee or identified from the issuing bank's own records or their normal operations are recognized as valid in legal cases. ISP98 and UR00758 do not consider these as non-documentary conditions. The applicant should be cautious not to include non-documentary conditions in their applications.

• Journal of Environmental Health Sciences
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• v.19 no.4
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• pp.51-58
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• 1993

The integrated solid waste management for Seoul Metropolitan city can be established on the basis of the following hierarchy of priorities: 1. Efforts for source reduction should be propelled by both government and citizens to achieve the effects of resource conservation. The adequate production and consumption which are environmentally amenable and sustainable can be induced by the reasonable imposition of deposit money for waste treatment to one-time use products. To accomplish source reduction effectively, the induction of legal and institutional regulation of producer and consumer participation is requisite. 2. For resource recovery, wastes generated should be recycled as far as practicable. Community residents are responsible to separate discharge, the authorities concerned have responsibility of separate collection, and recycling industry should be assissted through tax reduction and financing. Resource separation facilities can be constructed at Kimpo Metropolitan landfill site for wastes not separately collected due to some unavoidable circumstances. 3. Garbage should be composted. Garbage is uneconomical for incineration, because it has high moisture content and low calorie, thus there is no reason for the incineration of garbage even though garbage is classified into combustibles. Composting facilities can be located at sites which are not densely populated and easily accessible to transportation, for example, Kimpo Metropolitan landfill site. Compost produced can be managed by the authorities for the use of fertilizer to a green tract of suburban land and farms. 4. Nonhazardous combustible wastes not recyclable can be utilized for thermal recovery at the incinerators which are completely equipped with pollution control devices. According to the trend of local autonomy and the equity principle of local autonomous entities, incineration facilities of minimal capacity required can be constructed at each districts of Seoul Metropolitan city which have organized local assembly. In case of Yangcheon district, the economically combustible waste quantity is about 260 tons/day which exceeds 150 tons/day, the incineration capacity of existing facility. But, from now on, waste quantity can be reduced substantially by the intensive efforts of citizens for source reduction and recycling and the institutional support of administrative organizations. Especially, it is indispensable for the government to constitute institutional and technological bases that can recycle paper and plastics form 43% of waste generated. A good time for constructing of incineration facilities for municipal solid waste can be postponed to the time that pollution control technologies of domestic enterprises are fully developed to satisfy the standards of air pollution prevention, because the life expectancy of Kimpo Metropolitan landfill site is about 25 years. Within this period, institutional improvements and technological advancements can be attained, while the air qual. ity of Seoul Metropolitan city can be ameliorated to the level to afford incineration facilities. 5. For final disposal, incombustibles and ash are landfilled sanitarily at Kimpo Metropolitan landfill site.

• Journal of the Daesoon Academy of Sciences
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• v.43
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• pp.67-102
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• 2022

The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.