• Title/Summary/Keyword: Claim Factor

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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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Radical Probabilism and Bayes Factors (원초적 확률주의와 베이즈 인수)

  • Park, Il-Ho
    • Korean Journal of Logic
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    • v.11 no.2
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    • pp.93-125
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    • 2008
  • The radical probabilitists deny that propositions represent experience. However, since the impact of experience should be propagated through our belief system and be communicated with other agents, they should find some alternative protocols which can represent the impact of experience. The useful protocol which the radical probabilistists suggest is the Bayes factors. It is because Bayes factors factor out the impact of the prior probabilities and satisfy the requirement of commutativity. My main challenge to the radical probabilitists is that there is another useful protocol, q(E|$N_p$) which also factors out the impact of the prior probabilities and satisfies the requirement of commutativity. Moreover I claim that q(E|$N_p$) has a pragmatic virtue which the Bayes factors have not.

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Optimization for Component Noise Validation Test by Evaluation of Noise Control Factors for Suspension (현가장치 소음 발생인자 평가를 통한 부품소음 검증시험 최적화)

  • Son, Myungkoon;Lee, Taeyong;Lee, Sangbok;Lee, Seul
    • Transactions of the Korean Society of Automotive Engineers
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    • v.25 no.3
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    • pp.344-349
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    • 2017
  • Suspension noise from under a passenger car is one of the important factors that impact the perceptual quality for drivers. However, it is difficult to validate this by component level testing in the early stage of development, because suspension noise caused by interaction of the related parts has been found at saleable vehicles late during development or at the manufacturing stage, when many customers have already filed for claims. This study proposed a validation testing under research by the DFSS process that enables reproduction of vehicle level noise by component level testing using a shock absorber with the related parts, such as urethane bumper and top mount. This study also developed a compromised test matrix while analyzing the noise factors through experimental design and analysis of variance to determine what factors can affect noise. Based on this study, we expect that the vehicle level and customer claim can be validated during initial development timing by a more reliable component noise validation test.

A Delphi Approach to the Development of an Integrated Performance Measurement and Management Model for a Car Assembler

  • Shawyun, Teay
    • Industrial Engineering and Management Systems
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    • v.7 no.3
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    • pp.214-227
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    • 2008
  • Today's dynamic competitiveness requires an organization to improve its performance measurement and management. Quality Management Systems (QMS) abound, the main ones being: ISO series, Malcolm Baldridge National Quality Award (MBNQA), European Forum for Quality Management (EFQM), Six Sigma Business Scorecard and the Balanced Scorecard. Based on the literature, the IPMMM (Integrated Performance Measurement and Management Model) identified 7 key synthesized factors: leadership, strategy management and policy, customer and market, learning and growth, partnership and resources, internal processes and business results that are employed to investigate the key performance indicators of a car assembler using the Delphi methodology. In the 2 rounds of Delphi panels consisting of 20 senior management personnel, the $1^{st}$ round of 198 indicators in the IPMMM yielded 90 indicators. The $2^{nd}$ round yielded 43 performance indicators with 18 rated as critical based on the % assigned in the $1^{st}$ and $2^{nd}$ priority rating of "very important factor" and "key performance indicator" that must be ranked high on both of the priorities. The very critical indicators appeared to be: defect percentage and first time capability (tie in $1^{st}$ place) and revenue, goal setting, customer satisfaction index, on-time delivery, brand image, return on investment, Claim Occurrence Ratio, and debt being ranked from $3^{rd}$ to $10^{th}$. It can be surmised that an organization can identify and develop an appropriate set of performance indicators through the Delphi methodology and implement and manage them based on the Balanced Scorecard.

Strategy of Food Retailer and Delivery Rider's Accident in South Korea

  • KWAK, Young-Arm;CHO, Young-Sang
    • Journal of Distribution Science
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    • v.18 no.5
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    • pp.49-60
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    • 2020
  • Purpose: The primary objective of this research is to propose answers of rider's accident of food retailer in South Korea, in view of business sustainability of food retailer and his precious fate of rider who is a father that has a responsibility to the family. Research design, data, and methodology: We investigated previous studies such as food retailer, delivery, delivery application of mobile, rider's accident and statistics of delivery business agency, motorcycle accident ratio, annual fatalist, and further we analyzed cases of rider's accidents. Results: Rider's accident on the road toward food retailer is serious risky factor to their business reputation, corporate image, because claim amount related to death and physical/mental disability can be heavily damaged to food retailer. The point when rider dies is that rider is a person responsible for supporting his/her family, that is, a life itself issue together with downfall of family. Conclusions: In view of growth of South Korean' delivery rider industry, the authors recommended that focus of stability and sustainablity of both food retailer and delivery rider should establish to executable and practical ideas such as rider's readiness, abandon of speed guarantee, duty of delivery app business and legal aids.

Comparative Analysis on the Capital Structure of Superior Hospital and Bankrupt Hospital (우량병원과 도산병원의 자본구조 비교분석)

  • Ahn, Young-Chang;Kim, Jai-Myung;Ham, U-Sang
    • Korea Journal of Hospital Management
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    • v.11 no.4
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    • pp.19-36
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    • 2006
  • This study aims to examine the influence of growth rate, profitability and current ratio, which are confronted with static trade-off theory and pecking order theory, on capital structure of superior hospital and bankrupt hospital. Firstly, superior hospitals show positive correlation between growth rate and short-term loans, long-term loans, and short-term liabilities while bankrupt hospitals represent negative correlation. Superiority hospital and bankruptcy hospital show different financing behaviors, especially, short-term loan is the significant characteristic that discriminates between superior hospital and bankrupt hospital. Secondly, this paper studied the correlation between profitability and short-term loan, which the superior hospitals shows negative correlation, to contrast, bankrupt hospital have positive correlation. Consequently, the short-term loan is the most distinguishable factor between the superior hospital and bankrupt hospitals in terms of profitability. To conclude, this study shows that excess short-term loans can be the most important cause for hospital's bankrupt. Accordingly, strategic and effective policy about the short-term loan will be required in order to protect hospital's bankrupt.

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Characteristics on Elementary Students' Argumentation in Science Problem Solving Process (과학 문제 해결 과정에서 나타나는 초등학생의 논증 특징)

  • Lim, Hye-Jin;Yeo, Sang-Ihn
    • Journal of Korean Elementary Science Education
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    • v.31 no.1
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    • pp.13-24
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    • 2012
  • This purpose of this study was to analyze the characteristics of elementary students' argumentation in science problem solving process. For this study, the two argumentation topics were developed on the basis of Williams and Colomb's argumentation model. The topics of argumentation were the weight of the air and the change of volume according to state of water. The participants of this study were 6th grade students (n=51). Data were analyzed by Williams and Colomb's argumentation model and Kienpointner's argumentation style. The results of this study were as follows: In the argumentation model, most of students had the factors of claim, reason, evidence/data in their statements. But low-achievement students had difficulty in warrant and acknowledge & response. In argumentation style, the frequency of the cause-effect and explanation of example style were higher than other argumentation styles. Some implications were suggested, such as understanding the characteristics of elementary students' argumentation activities and need of educational programs including scientific argumentation.

Epstein-Barr Virus-Associated Gastric Carcinoma and Specific Features of the Accompanying Immune Response

  • Cho, Junhun;Kang, Myung-Soo;Kim, Kyoung-Mee
    • Journal of Gastric Cancer
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    • v.16 no.1
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    • pp.1-7
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    • 2016
  • Epstein-Barr virus-associated gastric carcinoma (EBVaGC) is one of the four subtypes of gastric carcinoma (GC), as defined by the novel classification recently proposed by The Cancer Genome Atlas. EBVaGC has several clinicopathological features such as longer survival and higher frequency of lymphoepithelioma-like carcinoma (LELC) and carcinoma with Crohn's disease-like lymphoid reaction that distinguish it from EBV-negative GC. The intensity and pattern of host cellular immune response in GC have been found to significantly correlate with the prognosis of patients with GC, suggesting that immune reaction and tumor microenvironment have critical roles in the progression of GC, and in particular, EBVaGC. Here, we reviewed the cellular and molecular mechanisms underlying prominent immune reactions in patients with EBVaGC. In EBVaGC, deregulation of the expression of immune response-related genes promotes marked intra-or peritumoral immune cell infiltration. The expression of programmed death receptor-ligand 1 is known to be increased in EBVaGC, and therefore, it has been proposed as a favorable prognostic factor for patients with EBVaGC, albeit some data supporting this claim are controversial. Overall, the underlying mechanisms and clinical significance of the host cellular immune response in patients with EBVaGC have not been thoroughly elucidated. Therefore, further research is necessary to better understand the role of tumor microenvironment in EBVaGC.

Cognitive dysfunctions in individuals with diabetes mellitus

  • Kim, Hye-Geum
    • Journal of Yeungnam Medical Science
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    • v.36 no.3
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    • pp.183-191
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    • 2019
  • Some patients with type 1 and type 2 diabetes mellitus (DM) present with cognitive dysfunctions. The pathophysiology underlying this complication is not well understood. Type 1 DM has been associated with a decrease in the speed of information processing, psychomotor efficiency, attention, mental flexibility, and visual perception. Longitudinal epidemiological studies of type 1 DM have indicated that chronic hyperglycemia and microvascular disease, rather than repeated severe hypoglycemia, are associated with the pathogenesis of DM-related cognitive dysfunction. However, severe hypoglycemic episodes may contribute to cognitive dysfunction in high-risk patients with DM. Type 2 DM has been associated with memory deficits, decreased psychomotor speed, and reduced frontal lobe/executive function. In type 2 DM, chronic hyperglycemia, long duration of DM, presence of vascular risk factors (e.g., hypertension and obesity), and microvascular and macrovascular complications are associated with the increased risk of developing cognitive dysfunction. The pathophysiology of cognitive dysfunction in individuals with DM include the following: (1) role of hyperglycemia, (2) role of vascular disease, (3) role of hypoglycemia, and (4) role of insulin resistance and amyloid. Recently, some investigators have proposed that type 3 DM is correlated to sporadic Alzheimer's disease. The molecular and biochemical consequences of insulin and insulin-like growth factor resistance in the brain compromise neuronal survival, energy production, gene expression, plasticity, and white matter integrity. If patients claim that their performance is worsening or if they ask about the effects of DM on functioning, screening and assessment are recommended.

Influencing factors on Moral Distress in Long-term Care Hospital and Facility Nurses

  • Kim, Hyun Sook;Yu, Sujeong;Lim, Kyung Choon
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.5
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    • pp.121-130
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    • 2019
  • The purpose of this study was to explore the level of the moral distress for nurses working in long-term care hospitals or nursing homes, and identify factors that influence the moral distress. Data were collected through self-reported questionnaires including the Korean version of Moral Distress Scale-Revised (KMDS-R), Jefferson Empathy Scale for Health professionals (K-JSE-HP), Moral Sensitivity Questionnaire (K-MSQ), and the Hospital Ethical Climate Survey (HECS). A total of 194 nurses from 11 long-term care hospitals or 27 nursing homes completed the structured questionnaires. Data were analyzed using IBM SPSS Statistics version 25. As results, the mean score for moral distress was $73.81{\pm}51.29$ in this study. The moral distress of nurses working at nursing homes was higher than that of nurses working in long-term care hospitals. Among the sub-factors of moral distress, the 'futile care' was the highest score and the 'limit to claim the ethical issue' was the lowest. The main factor affecting moral distress among nurses in this study was the ethical climate of organization. In this paper, we propose that in order to effectively reduce the moral distress of nurses working in a long-term care hospital or a nursing home, it is more impactful to address structural issues related to the caregiver workplace than to adjust individual factors.