• Journal of Arbitration Studies
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• v.29 no.3
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• pp.39-52
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• 2019

There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.

• Journal of Science and Technology Studies
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• v.18 no.3
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• pp.153-216
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• 2018

The contemporary practices of Big-Data based automated decision making algorithms are widely deployed not just because we expect algorithmic decision making might distribute social resources in a more efficient way but also because we hope algorithms might make fairer decisions than the ones humans make with their prejudice, bias, and arbitrary judgment. However, there are increasingly more claims that algorithmic decision making does not do justice to those who are affected by the outcome. These unfair examples bring about new important questions such as how decision making was translated into processes and which factors should be considered to constitute to fair decision making. This paper attempts to delve into a bunch of research which addressed three areas of algorithmic application: criminal justice, law enforcement, and national security. By doing so, it will address some questions about whether artificial intelligence algorithm discriminates certain groups of humans and what are the criteria of a fair decision making process. Prior to the review, factors in each stage of data mining that could, either deliberately or unintentionally, lead to discriminatory results will be discussed. This paper will conclude with implications of this theoretical and practical analysis for the contemporary Korean society.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.41-47
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• 2007

The selection of the reasonable project delivery system (PDS) is crucial for a successful performance of a project, which means to achieve project objectives. Furthermore, the project performance has been tightly related to the selection of PDS appropriate to pertinent project characteristics. In this context, the ministry of finance and economy of Korea launched two new project delivery systems called "Best Value Contract (Design-Bid-Build)" and "Bridging Contract (Design-Build)" in October of 2007 by revising enforcement ordinances of "Act on Contracts to Which the State is a Party". For efficient operation of the new project delivery systems, this paper suggested a PDS selection model which supports decision making of the reasonable PDS for a pertinent project by assessing characteristics of the public construction projects, both quantitatively and qualitatively. In addition, a PDS performance evaluation model was proposed in order to get feedback on the result of the PDS selection and the operation for the succeeding project. The standard models suggested in this paper might be used as a tool to support the decision making of the public organizations.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.355-401
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• 2013

The first legislation for terminal health-care decision was California's Natural Death Act (NDA) of 1976 that permitted any adult person to execute a directive directing the withholding or withdrawal of life-sustaining procedures. Advance directive legislation has subsequently progressed on a state-by-state basis. By 1992, all 50 states, as well as the District of Columbia, had passed legislation to legalize some form of advance directive. This state legislation, however, has resulted in an often fragmented, incomplete, and sometimes inconsistent set of rules. Statutes enacted within a state often conflict and conflicts between statutes of different states are common. In an increasingly mobile society where an advance health-care directive given in one state must frequently be implemented in another, there is a need for greater uniformity. In 1993, the Uniform Law Commissioners approved the Uniform Health-Care Decisions Act (UHCDA) in order to bring order to the existing chaos. Unfortunately, the Commissioners waited too long to act. By the time the UHCDA was approved, nearly all states had passed legislation governing advance directives. Consequently, the UHCDA has achieved only a limited success, picking up but one or two enactments a year. The UHCDA is currently in effect in around 10 states: Alabama, Alaska, California, Delaware, Hawaii, Kansas, Maine, Mississippi, New Mexico, Tennessee, Wyoming. In these states the previous laws related to the subjects have been all repealed. The overall objective of the UHCDA is to encourage the making and enforcement of advance health care directives including living will or individual instruction, power of health-care attorney and to provide a means for making health care decisions for those who have failed to plan. The U. S. House of Representatives in 1991 enacted the Patient Self-Determination Act (PSDA). The Act stipulates that all hospitals receiving Medicaid or Medicare reimbursement must ascertain whether patients have or wish to have advance directives. The Patient Self- Determination Act does not create or legalize advance directives; rather it validates their existence in each of the states. Now in America, terminal health-care decision or advance directive for health care is common and universal system. The problem, however, is how to let more people use these good tools to make their lives more beautiful and honorable.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.155-184
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• 2015

This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

• Korean Journal of Human Ecology
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• v.12 no.5
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• pp.605-618
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• 2003

The purpose of this study was to develop the household analysis and diagnosis program for the enhancement of family welfare focusing on the household of middle-aged full-time housewives. From the review of related literatures, the following areas of total family life were selected ; household management, time use, housing, household materials, finance, communication and decision making. Considering that the program subjects were middle-aged full-time housewives, the preparation for elderly life and the identity as housewife, one of the healthy family members, are appended. The progresses for the development of household analysis and diagnosis program were as follows: 1. to select the useful area of family life, 2. to make the indicators which explain the status of family life, and 3. to decide the scales for the diagnosis. This program has various uses such as the development of self-evaluation program, program for various family life course. Through this program the strength and weakness of family life can be found and the planning for the enforcement of family life can be practiced.

• Advances in environmental research
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• v.12 no.1
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• pp.41-49
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• 2023

In developing countries, solid waste is typically disposed of inappropriately, which has a negative impact on the environment and healthcare. One of the most serious environmental issues is the management of municipal solid waste because of the huge increase in waste generation brought on by industrialization, economic development, urbanization, and the exponential growth of Gurugram City's population. Municipal Corporation Gurugram (MCG) handles solid waste collection, transportation, and disposal. The city generates over 1100 tons of solid waste per day. In consideration of this, the current study employed the strengths, weaknesses, opportunities, and threats framework called SWOT analysis to critically examine the city's current methods for the management of municipal solid waste to provide more effective policy solutions. For conducting the analysis, the questionnaires and other interviews were conducted to gather information from households and officials in the city, and the observation made during field visits were recorded. The analysis shows that the waste management issue is getting worse for a variety of causes, including a lack of regulatory enforcement, insufficient technical and financial resources, insufficient people's participation, inadequate execution of policies, a lack of political priorities, and poor coordination between authorities.

• Journal of the Korean Home Economics Association
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• v.41 no.8
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• pp.79-95
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• 2003

The main goal of this program is to build a healthy adolescent culture tv broadening the understanding of adolescents and recognition of the environment as well through the development of educational programs centering on the domains of peer relationships, intimacy in dating relationships and sex, leisure activities, and consumption life of adolescents. The program was carried out to 10 young boys and girls for two days/one night and the major findings of the effects of the program through a qualitative evaluation were as follows: First, the program provided adolescent with a proper opportunity to promote a sense of self-confidence through the self-reevaluation process. Secondly, the program provided adolescents with a chance to firmly recognize to become good friends with others though the enhancement of self-esteem, which helped them to build a healthy peer relationship. Thirdly, adolescents were able to promote their views on sex and sexual decision-making by acquiring a proper knowledge of intimacy in dating relationships and of sex, and by candidly expressing their own opinions on sex with instructors. Fourthly, the program provided adolescents with an opportunity to look back on their leisure life with family members which had been neglected thus far and to renew their recognition of active leisure activities. Fifthly, the program provided adolescents with a chance to reflect on their unplanned consumption life and to be firmly determined to refrain from impulsive purchasing and extravagance.

• Journal of the Korea Safety Management & Science
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• v.14 no.3
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• pp.119-126
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• 2012

Recently, the breakdown of online banking servers and the leakage of customer information give rise to much concern about the security of information systems in financial and banking companies in Korea. The enforcement of security for information system becomes much more important issue than earlier. However, the security reinforcement of information system is restricted by a budget. In addition, the activities' cost to secure information system from threatening are under uncertain circumstances and should be established by a human decision maker who is basically uncertain and vague. Thus, making the budget for information system is exposed to any extent of the risk for these reasons. First, we introduce brief fuzzy set theory and fuzzy AHP (Analytic Hierarchy Process) methodology. Then, the cost elements that comprise yearly budget are presented and the priorities among the cost elements are calculated by fuzzy AHP. The cost elements that are exposed to risk are evaluated from the both perspectives of the risk impact and risk occurrence possibility which are expressed as linguistic terms. To get information on the risk profiles-pessimistic, most likely, and optimistic-for each cost element, the evaluation is accomplished and the result is presented. At last, the budget ranges-minimum, mode, maximum-for each cost element are estimated with the consideration of the risk profiles.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.5
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• pp.1269-1277
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• 2016

European Union and United States have introduced new Privacy Shield agreement after decision of Court of Justice of the European Union which invalidated Safe Harbor agreement. Privacy Shield agreement contains several clauses to raise the level of personal data protection such as enhanced commitments, stronger enforcement, clear safeguards and transparency obligations, and effective protection of EU citizens' rights with several redress possibilities. This agreement has received positive response as an enhanced measure for personal data protection. This paper examines EU and US discussion history and current situation regarding Privacy Shield and suggests national policy direction such as measures for personal data transborder flow system improvement and international cooperation.