• 제목/요약/키워드: Award

검색결과 543건 처리시간 0.023초

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

  • 김경배
    • 한국중재학회지:중재연구
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    • 제14권1호
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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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MBNQA상에 내포된 지속적 개선, 혁신과 학습 개념 (The Continuous Improvement, Innovation and Learning Concept Embedded in MBNQA Award)

  • 정규석;강영태
    • 품질경영학회지
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    • 제35권1호
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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
    • 한국과학교육학회지
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    • 제27권2호
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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.

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

  • 지세현;이현수;박문서;송상훈
    • 한국건설관리학회:학술대회논문집
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    • 한국건설관리학회 2006년도 정기학술발표대회 논문집
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    • pp.367-372
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    • 2006
  • 건설산업에서 정부는 발주자이며 최대 수요자 이고, 건설산업의 보호 ${\cdot}$ 육성 및 발전을 선도하는 견인차이다. 특히 발주와 낙찰제도는 발주자인 정부와 수급자인 건설업체 간의 계약관계만을 규정하는 것이 아니라 건설산업 전반에 걸쳐 큰 영향력을 가지게 되므로, 발주 및 낙찰제도는 건설산업 발전을 위한 정부의 의지표현이라 할 수 있다. 따라서 정부는 비효율적 요소의 개선, 비용효과 및 투자효율성 향상을 위하여 노력해야 할 것이다. 본 연구에서는 선진국과 국내의 발주 및 낙찰제도를 혁신의 주체, 의지, 핵심방향, 발주자의 의식변화 측면에서 분석, 시사점을 도출하여, 국내 발주 및 낙찰제도 개선방안을 정부와 민간 공동협의체 구성, 일관되고 지속적인 개선 추진, 개선의 목표는 효과/효율 향상, 발주자의 의식변화 및 역량강화 추진의 측면에서 제안하였다.

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

  • 성준호
    • 한국중재학회지:중재연구
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    • 제31권1호
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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.

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

  • 김봉석
    • 한국중재학회지:중재연구
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    • 제13권1호
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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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시판 생막걸리의 이화학 성분과 관능적 특성 분석 (Analysis of the Physicochemical Characteristics and Sensory Properties in Makgeolli)

  • 김재운;강지은;최한석;김찬우;정석태
    • 동아시아식생활학회지
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    • 제27권5호
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    • pp.491-499
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    • 2017
  • 본 연구에서 시판 생막걸리의 이화학 성분과 관능적 특성을 살펴보고, 특히 휘발성 성분과 향미 묘사용어와의 상관관계를 분석하였다. 이화학 성분은 우리술 품평회에서 입상한 생막걸리의 알코올, 환원당 함량이 유의적으로 높게 나타났고, 색도가 낮게 나타났다(p<0.05). 또한 휘발성 성분에서 입상한 생막걸리의 ethyl myristate의 함량이 2.4배 낮게 나타났다(p<0.05). 전체 15종 생막걸리의 묘사용어는 총 24개(외관2개, 향 10개, 맛 8개, 질감 4개)의 용어가 개발되었다. 입상주의 관능적 특성은 단내, 배향, 요구르트향, 알코올향, 알코올 향미, 탄산감이 주로 발현되었으며, 구수한 향/향미, 누룩향은 적게 나타났다. 생막걸리에 함유된 휘발성 성분과 묘사 용어 중 향에 관한 항목과의 상관분석 결과, ethyl lactate가 복분자향(r=0.840), 배향(r=0.723)과 높은 양의 상관관계를 보였다(p<0.01). 본 연구에서 도출된 소비자들이 선호하는 이화학 특성과 관능적 특성(단내, 복분자향, 배향, 요구르트향 등)이 생막걸리의 품질특성에 잘 반영된다면 막걸리의 소비 활성화에 기여할 것으로 사료된다.

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

  • 구영진;황준원;이문수;양영희;방수영;강제욱;이대환;이주현;곽영숙;김승태;노경선;박성숙;반건호;송동호;안동현;이영식;이정섭;조수철;홍강의
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • 제27권1호
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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.