• 한국중재학회지:중재연구
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• 제22권1호
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• pp.111-130
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• 2012

Judgment on the validity of patents on the subject of an arbitration does not. In other words, the occurrence of patents generated by the administrative action, and such administrative action by an authorized agency may be treated as legitimate until it is canceled. However, recent Supreme Court judgment on novelty and inventive step as well as judgments about the validity of the patent also made possible by the judiciary. This progress even in the mediation of an arbitral award which is premised on the validity of patents can be seen that possible. However, if the arbitration by an arbitrator if possible a certain portion of the limit exists. In other words, the effect of arbitration between the parties is valid. This patent is valid and invalid in arbitration even if the judgment relative to the effect ceases. In addition, the arbitration award and patent invalidation trial is in progress at the same time, if you consequently will reach a different conclusion. This can cause problems of double track. In addition, by extending the critical target recognition and enforcement in other countries can cause problems. Despite these problems, now about the validity of patents that it is possible intervention is necessary to discuss again.

• 대한건축학회논문집:계획계
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• 제34권12호
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• pp.13-20
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• 2018

This research is to analyze the public cases of information facilities in terms of central circulations in multi level volumes such as atrium or court which provide visual intervention between different spaces and physical connections such as bridges. Hunt Library design balances the understood pre-existing needs with the University's emerging needs to create a forward-thinking learning environment. While clearly a contemporary structure within a traditional context of the NCSU campus, the Hunt Library provides a positive platform for influencing its surroundings. Both technical and programmatic innovations are celebrated as part of the learning experience and provide a versatile and stimulating environment for students. Public library as open spaces connecting to an interactive social domain over communities can provide variety of learning environments, or technology based labs. There are many cases of the public information spaces with dynamic networks where participants can play their roles in physical space as well as in the intellectual stimulation. In the research, new public projects provide typologies of information spaces with user oriented media. The research is to address a creative transition between the reading space and the experimental links of the integration of state-of-the-art technology is highly visible in the building's design. The user-friendly browsing system that replaces the traditional browsing with the virtual shelves classified and archived by their form, is to reduce the storage space of the public library and it is to allow more space for collaborative learning. In addition to the intelligent robot of information storages, innovative features is the large-scale visualization space that supports team experiments to carry out collaborative online works and therefore the public library's various programs is to provide visitors with more efficient participatory environment.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• 제8권1호
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• pp.70-82
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• 1997

본 연구는 비행청소년의 사회심리적 특성을 파악하고 비행을 직접적으로 유발시키는 요소를 알아보고자 실시되었다. 청소년 병동에 입원한 환자 중 정신증 진단을 제외한 210명을 비행의 정도에 따라 경찰체포후 훈방된군(60명), 재판 판결을 받은군(35명), 이러한 사실이 없는 정서적으로 혼란된 비교군(105명)으로 나누어 인지-학습, 감정상태, 자살사고, 성격특성, 가족구조, 생활사건 영역에 관한 표준화된 검사를 실시하고 그 결과를 비교분석하였다. 공유진단을 파악하고자 이중 무작위로 60명은 구조화된 면담을 실시하였다. 연구결과 비행청소년은 비교군에 비해 1) 입양, 성생활의 문란, 가출, 정신과 입원력이 높았으며, 2) 언어성 지능지수 및 학습능력이 떨어지고, 3) 성격구조상 충동적이고 사회순응도가 낮으며, 강압적이며, 4) 가족단위의 여가활동이 적고, 낮은 종교 도덕관을 가진 가족의 특성을 보였으며, 5) 부정적 생활 경험이 많았고, 6) 품행자애, 반항장애, 주의력 결핍 과잉행동장애 진단율이 높았다. 우울, 불안, 자살사고는 3군중 훈방된군에서 가장 낮게 나왔다. 따라서 비행청소년을 다룰 때 비행에 관여하는 인지학습측면, 충동적인 성격구조, 가족구조, 부정적 생활경험, 파탄적 행동장애 측면에 관한 보다 집중적인 대처방안이 강구되어져야 하겠다.

• 한국중재학회지:중재연구
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• 제29권1호
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• pp.31-52
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• 2019

As international transactions have grown more numerous, situations of disputes related to the transactions are getting more complicated and more diverse. Cost-effective remedies to settle the disputes through traditional methods such as adjudications of a court will be insufficient. There fore, nations are attempting to more efficiently solve investor-state disputes through arbitration under organizations such as the ICSID Convention, the ICSID Additionary Facility Rules, and the UNCITRAL Arbitration Rules by including the provisions on investor-state dispute settlement at the conclusion of an investment agreement. In case of an arbitration under the ICSID Convention, ICSID directly exercises the supervisorial function on arbitral proceedings, and there is no room for the intervention of national courts. In time of the arbitration where the ICSID Convention does not apply, however, the courts have to facilitate the arbitral proceedings. When the recognition and enforcement of an arbitral award under the ICSID Convention are guaranteed by the Convention, it should be considered that the New York Convention does not apply to them under the Convention Article 7 (1) fore-end. In exceptional cases in which an arbitral award under the ICSID Convention cannot be recognized or enforced by the Convention, the New York Convention applies to the recognition and enforcement because the award is not a domestic award of the country in which the recognition or enforcement is sought. It is up to an interpretation of the New York Convention whether the New York Convention applies to ISDS arbitral awards not based on the ICSID Convention or not. Although an act of the host country is about sovereign activities, a host country and the country an investor is in concurring to the investment agreement with the ISDS provisions is considered a surrender of sovereignty immunity, and it will not suffice to exclude the investment disputes from the scope of application of the New York Convention. If the party to the investment agreement has declared commercial reservation at its accession into the New York Convention, it should be viewed that the Convention applies to the recognition and enforcement of the ISDS awards to settle the disputes over an investitive act, inasmuch as the act will be considered as a commercial transaction. When the recognition and enforcement of an arbitral award on investment disputes about a nation's sovereign act have been sought in Korea and Korea has been designated the place of the investment agreement arbitration as a third country, it should be reviewed whether the disputes receive arbitrability under the Korean Arbitration Act or not.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.3-22
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• 2021

Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

• 문화기술의 융합
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• 제8권6호
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• pp.515-522
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• 2022

본 연구는 독일의 아동학대 대응체계를 예방적 관점에서 분석하고, 우리나라에 적용가능한 함의점을 찾아보고자 하였다. 연구방법으로는 법적차원, 정책적 차원, 전문성 차원에서 분석틀을 제시하고 시사점을 도출하였다. 연구결과는 다음과 같다. 첫째, 독일 아동청소년지원법은 국가의 개입 이전에 가정의 역기능을 회복할 수 있도록 예방적 지원체계를 규정하였다. 둘째, 민법에 따라 가정법원이 조기개입이 가능하도록 규정하였다. 셋째, 연방아동보호법을 통해 아동학대 대응체계를 위한 지역사회 협력을 규정하였다. 넷째, 아동학대 대응체계의 책임기구인 청소년청은 예방적 지원과 개입이 동시에 가능하도록 하였다. 다섯째, 인력의 전문성을 위해 아동청소년지원법에 자격기준을 명시하고, 3년 이상 전담공무원에게 아동보호전문인력 자격을 부여한다. 시사점은 다음과 같다. 첫째, 아동학대 신고체계로 작동하는 아동학대 대응체계를 예방적 지원체계로 확대해야 한다. 둘째, 학대받은 아동을 위한 보호조치뿐만 아니라 잠재적 위험아동에 대한 지원체계를 확립하기 위하여 네트워크 간 조기경보체계를 시스템으로 구축하여 모니터링을 확대해야한다. 셋째, 아동과 부모가 가정의 어려움으로 인해 발생하는 역기능을 지방자치단체가 유연하고 포괄적으로 지원해야 한다. 넷째, 네트워크 협력체계를 위해 아동보호협력법의 제정이 필요하다.