• Title/Summary/Keyword: Decision

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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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Lifting Shadows off the End-of-Life Care: Hopes and Beliefs on Video Decision Support Tools for Advance Care Planning

  • Jeong, Heon-Jae;Yoon, Hyeyeon
    • Journal of Hospice and Palliative Care
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    • v.19 no.1
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    • pp.1-4
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    • 2016
  • As advance care planning is taking center stage in the field of end-of-life care, various tools have been developed to aid in the often emotional and difficult decision-making process. Video decision support tools are one of the most promising means of assistance, of which the modus operandi is to provide more comprehensive and precise information of medical procedures to patients and their families, allowing them to make better informed decisions. Despite such value, some are concerned about its potential negative impact. For example, video footages of some procedures may be shocking and unpalatable to non-medical professionals, and patients and families may refuse the procedures. One approach to soften the sometimes unpleasant visual of medical procedures is to show less aggressive or more relaxing scenes. Yet another potential issue is that the objectivity of video decision support tools might be vulnerable to the very stakeholders who were involved in the development. Some might argue that having multiple stakeholders may function as checks and balances and provide collective wisdom, but we should provide more systematic guarantee on the objectivity of the visual decision aids. Because the decision of the modality of an individual's death is the last and most significant choice in one's life, no party should exert their influence on such a delicate decision. With carefully designed video decision support tools, our patients will live the last moments of their lives with dignity, as they deserve.

An experimental study on effectiveness of group decision support systems in diea-generation (아이디어 도출단계에서의 그룹의사결정지원시스템 효과성에 관한 연구)

  • ;;;;Kim, Sun Uk;Park, Jong Hak
    • Journal of the Korean Operations Research and Management Science Society
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    • v.20 no.1
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    • pp.11-26
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    • 1995
  • We have used various information technologies (IT) in group decision-making for increasing effectiveness and satisfaction of group decision-making process. Recently, a new form of IT so called Group Decision supprot System (GDSS) was introduced into group decision-making process. Previous experimental studies about effectiveness of GDSSS have been inconsistent and the results were mixed. There was no empirical studies about GDSS in Korea. In this study, we divide two groups-GDSS supported group and traditional face-to-face group and investigate impacts of GDSS on group decision-making processes and outcomes. An idea generation task for operational action plan development, implementing GEO's strategic vision, served as the decision-making context. Supported GDSS is GroupSystems V, which had been developed by Univ. of Arizona. It was translated by Korean. According to the results, Number of nonredundant ideas in GDSS group is two or three times more than Non-GDSS grop. GDSS group feel more equal status, have better interpersonal relationship, have more confidence on group decision than Non-GDSS group. But satisfaction of participants on decision-making process and outcome has not showed a significant difference between two groups. Because all of participants in GDSS group were novice to GDSS. With this results we suggest further studies on transforming western type GDSS to Korean decision-making culture. It will be cornerstone for development of GDSS in Korean desision-making culture. It will be cornerstone for devlopment of GDSS in Korean decsion making culture environment.

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The Study on the Cause and the Impact of the Development of a Decision Making Systems Like EIA in Cheju Island (제주도 지역의 각종 영향평가제도들의 출현 원인과 영향에 대한 연구)

  • Chung, Yong;Yang, Man-Sik;Kim, Yong-Bum
    • Journal of Environmental Impact Assessment
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    • v.6 no.1
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    • pp.121-133
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    • 1997
  • EIA should be regarded as an aid to improve the decision making processes because it seeks public opinion and external knowledge in order to ensure the maximum degree of fairness and balance in the final decision as much as possible. According to the above benefits, various decision making systems containing EIA concepts were developed in the area of ground water, traffic, disaster or accident and environment in Cheju Island. But because the development of various decision making systems can be the cause of new impact, it was studied the cause and impact of their development. The major reasons for developing the various decision making system like EIA are the lack of the consideration for the impact of project when it is selected project fulfilling EIA and the increase of the effort for the improvement in the professional quality for one subject without the comprehensive assessment among the subject related to environmental impacts. And the development of the various decision making systems like EIA has caused the several impacts like cost elavoration, the relay of project period, etc. Therefore, after it is improved the problems of present EIA on the comprehensive assessment, the various decision making systems like EIA should be integrated in EIA decision making system.

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Decision-making Reliability Estimation Model based on Building Construction Project Participants' Experience

  • Kim, Chang-Won;Kim, Baek-Joong;Yoo, Wisung;Cho, Hunhee;Kang, Kyung-In
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.2
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    • pp.148-158
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    • 2013
  • Generally, building construction projects have a complex decision-making process because of the participation of various agents. In this situation, a final decision is arrived at by relying on subjective judgments based on the experience of project participants. For this reason, a method of assessing the objectivity of opinions is needed. In previous studies, the multi-criteria decision making method was applied to arrive at a final decision objectively, but this method has a limitation, in that the experience of each decision maker is not considered differently in the decision making process. Therefore, this study proposed a theoretical model using the S-shaped growth curve and regression analysis by building construction project type to quantitatively estimate decision-making reliability according to the experience of individual project participant`s. The developed model could be added to the Multi-criteria decision making method, and secure the objectivity and reliability of project participants' final opinion.

Optimal Hard Decision for Cooperative Spectrum Sensing in Cognitive Radio Systems (무선 인지 시스템에서 협력 스펙트럼 센싱을 위한 최적화된 경판정 방식)

  • Lee, So-Young;Kim, Jin-Young
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.22 no.4
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    • pp.416-422
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    • 2011
  • In this paper, we use hard decision method for cooperative spectrum sensing. Sensing performance adopting hard decision is lower than soft decision but system load is low and the process is relatively simple when the combining scheme is hard decision compared to soft decision. In order to improve sensing performance, we propose optimal hard decision method applying weight that is based on a probability of individual sensing. Unlike conventional hard decision, we try to improve sensing performance applying weight and show the performance of the proposed method from the simulation results and performance analysis. The signal of licensed user is OFDM signal and the wireless channel between a licensed user and CR systems is modeled as Gaussian channel.

The Correlations between Critical Thinking Disposition and Decision Making Styles (간호대학 신입생의 비판적 사고성향과 의사결정 유형과의 관계연구)

  • Kim, Eun-Joo;Lim, Ji-Young;Choi, Kyung-Won
    • Journal of Korean Academy of Nursing Administration
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    • v.14 no.2
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    • pp.144-149
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    • 2008
  • Purpose: The aim of this study was to testify correlations between critical thinking disposition and decision making styles. Methods: The subjects of this study were 193 freshman nursing students in the 1 nursing school located in Incheon area. The data were collected by self-reporting questionnaires. The data were analyzed using descriptive statistics and Pearson correlation coefficient analysis. Results: The score of critical thinking disposition was revealed 3.96 points. The highest was inquisitiveness, the lowest was systematicity. The most frequent decision making style was revealed a rational decision making. The next was dependant decision making, intuitional decision making as follows. The critical thinking disposition and rational decision making had a statistically significant positive correlation. However the critical thinking disposition and dependant decision making had a statistically significant negative correlation. Conclusion: With these findings, we are found that the more increasing critical thinking disposition, the more developing rational decision making. It will suggested that the program for increasing nursing student's critical thinking disposition focused on systematicity, analyticity and truth seeking in critical thinking sub categories.

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Effects of Appearance Management Behaviors on Career Decision Level in Female College Students (여대생의 외모관리행동이 진로결정수준에 미치는 영향)

  • Kim, Mikyung
    • Journal of Fashion Business
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    • v.20 no.4
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    • pp.36-49
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    • 2016
  • The objective of this study was to examine the effects of appearance management behaviors on career decision level among female college students. Based on previous studies on appearance management behaviors and career decision level, the items for a questionnaire were developed. For the study, we conducted a questionnaire survey among 292 students from women's university in Seoul. Factor analysis, correlation analysis and multiple regression analysis were performed using SPSS statistics 23. Results of this study are as follows. First, the factor structure of appearance management behavior had three factors: 'fashion & hair,' 'skin & plastic surgery,' and 'body shape.' The reliability and validity of the factor structure were proved. Second, a significant correlation was found between sub-factors in appearance management behaviors. Career decision level showed a significant correlation only with body management factor. Third, the appearance management behavior of female college students was found to have a partially significant effect on career decision level. For higher grade students, fashion & hair factor and body shape factor had positive effects on career decision level. For lower grade students, body shape factor had a positive effect on career decision level while skin & plastic surgery factor had a negative effect on career decision level. Therefore, to increase career decision level, managing appearance through keeping fit body shape is crucial. This study also suggests that as one elevates to a higher grade, the importance of management and keeping interest toward fashion is important.

Deciding the Optimal Shutdown Time Incorporating the Accident Forecasting Model (원자력 발전소 사고 예측 모형과 병합한 최적 운행중지 결정 모형)

  • Yang, Hee Joong
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.41 no.4
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    • pp.171-178
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    • 2018
  • Recently, the continuing operation of nuclear power plants has become a major controversial issue in Korea. Whether to continue to operate nuclear power plants is a matter to be determined considering many factors including social and political factors as well as economic factors. But in this paper we concentrate only on the economic factors to make an optimum decision on operating nuclear power plants. Decisions should be based on forecasts of plant accident risks and large and small accident data from power plants. We outline the structure of a decision model that incorporate accident risks. We formulate to decide whether to shutdown permanently, shutdown temporarily for maintenance, or to operate one period of time and then periodically repeat the analysis and decision process with additional information about new costs and risks. The forecasting model to predict nuclear power plant accidents is incorporated for an improved decision making. First, we build a one-period decision model and extend this theory to a multi-period model. In this paper we utilize influence diagrams as well as decision trees for modeling. And bayesian statistical approach is utilized. Many of the parameter values in this model may be set fairly subjective by decision makers. Once the parameter values have been determined, the model will be able to present the optimal decision according to that value.

ESTABLISHMENT OF DECISION MAKING FRAMEWORK FOR SUPPORTING COOPERATION AMONG STAKEHOLDERS IN MEGA PROJECT

  • Jee Hee Lee;June Seong Yi;Seung Woo Shin;Kyung Rog Park
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.1288-1293
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    • 2009
  • Performing 'Mega Project' in which various stakeholders are involved is difficult to control due to the respective conflicting objectives. Urban regeneration which is being challenged issue in various ways can be defined as the mega project. Since the mega project like urban regeneration a long-continued project and includes a lot of participants whose benefits conflict, cooperation among stakeholders is essential. Moreover, as the project goes, diverse decision making situations which require collaboration happen, and if proper decision making cannot be given at that time, the whole project would have critical effects. Also, since each activity concerns numerous stakeholders, prompt decision making is difficult in the mega project. Therefore, the objective of this study is to support stakeholder's cooperative decision making in order for conducting successful project. For the purpose of the paper, the concept of cooperation in mega project is redefined and a cooperative decision making framework is suggested. Also, the term of governance, which means cooperative mechanism based on the mutual trust, information sharing and partnership, is applied to the newly defined cooperation. The suggested cooperative decision making framework contains the structure of stakeholders in urban regeneration project which enables participants to understand the relationship among bodies and checklists for supporting decision making appropriately. The application of the framework proposed in this research is expected to contribute subjects' suitable decision making by providing proper information in a timely manner.

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