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A Study of the Court-Annexed ADR and Its Implications in the United States (미국의 사법형 ADR제도와 그 함의에 대한 연구)

  • Kim, Chin-Hyon;Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.55-87
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    • 2011
  • This paper is to illustrate a variety of court-annexed ADR programs and vindicate its implications of court-annexed ADR in United States. It has been almost three decades since Frank Sender articulated his vision of the multi-door courthouse. The court-annexed ADR originated from the concept of multi-door court house. Professor Sander argued that the court must transform from the court that provides litigation, only one type of dispute resolution, to the multi-door courthouse which provides a variety of dispute resolution methods including a number of ADR programs. The types of court-annexed ADR on which this paper focus are court-annexed mediation, court-annexed arbitration, mini trial, early neutral evaluation(ENE), summary jury trial, rent-a-judge, and med-arb in United States. The findings of this paper is as follows. First, the ADR movement is the irreversible and dominant phenomenon in the US court. The motivation of incorporating ADR into court is to reduce the cost of court to handle the civil disputes and to eliminate the delay of litigation process in the court. At the same time, a couple of studies of ADR revealed that the ADR program satisfied users of ADR. Second, the landscape of ADR has not been fixed. In 1970's, the court-annexed arbitration has been popular. In 1980's, the diverse kinds of ADR programs were introduced into the federal court as well as state courts, such as mini trial, early neutral evaluation(ENE), summary jury trial, and court-annexed mediation. But in 2000s, the court-annexed mediation has been the dominant type of ADR in United States. Third, the each type of ADR program has its own place for the dispute resolution. Since Korean society enters into the stage in which diverse kind of disputes occur in the areas of environment, construction, medicare, etc, it is desirable to take into consideration of the introduction of ADR to dispute resolution in Korea.

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THE BEAM POINTING OF COMMUNICATIN SATELLITE IN GEOSYNCHRONOUS INCLINED ORBIT (궤도경사각을 가진 통신위성의 빔 포인팅에 대한 연구)

  • 김방엽;최규홍
    • Journal of Astronomy and Space Sciences
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    • v.12 no.1
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    • pp.112-122
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    • 1995
  • We assume that the KOREASAT fails the entry of the geostationary orbit due to the error at the apogee kick motor firing. A simulation is done for the satellite that has a geosynochronous orbit with a non-zero degree inclination angle due to the failure at the apogee kick motor firing caused by the unbalance of the fuel storage and the spin of the thrust vector, etc. We analyzed the evolution of the orbit using the perturbation theory and calculated the changes of the eccentricity and the inclination. WHen a communication satellite has the figure eight trajectory, the beam point also traces the satellite. In this paper, We develope an algorithm to attack the above problem by stabilizing the beam point using the adjustment of the roll angle of the satellite. The spin action on the polarization plane that occurs when a satellite passes the ascending node and descending node affects the efficiency of the communication a lot, so we did another simulation for the better yaw angle adjustment for the KOREASAT to reduce the spin actino on the polarization plane.

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Road Map for ROK-US Alliance Readjustment with the Changing Security Environment (안보환경 변화에 따른 한미동맹 조정 로드맵)

  • Park, Won Gon
    • The Journal of the Korea Contents Association
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    • v.18 no.7
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    • pp.577-589
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    • 2018
  • The future of ROK-US alliance has not been discussed in detail by both governments since early 2000s. However, it is becoming more apparent that ROK-US alliance is facing various daunting challenges. The new administrations both in ROK and US might have different perspectives about the future of alliance. In the process of resolving outstanding North Korean nuclear issue, the alliance can face challenges to change its fundamental features such as halting joint military exercise. ROK-US governments also agreed to transfer wartime operational control as soon as possible. All those factors indicates the growing necessity to articulate the future of ROK-US alliance. ROK and US needs to facilitate to dialogue for future alliance with the possible scenarios of changing security environment such as maintaining status quo, reconciliation of North and South Korea, and entering the reunification stage. In each phase, ROK-US has to develop the goal for the alliance, military institution to implement the alliance, role of USFK, and etc. It is imperative to develop the road map for future ROK-US alliance at this stage to avoid unnecessary folly.

Problems in the Medical Dispute Medication System and Improvement Plan (의료분쟁조정제도 운영상의 문제점 및 개선방안)

  • Choi, Jang Seop
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.91-122
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    • 2014
  • For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

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Study on Thermal Vacuum Test Result of DCAMP by the Analysis of Derating & Gain Control (디지털중계기의 부하경감 및 이득조정기능 분석을 통한 열진공시험결과 성능분석)

  • Jin, Byoung-Il;Ko, Hyun-Seok
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.43 no.1
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    • pp.72-78
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    • 2015
  • Recently, the usage of the satellite is increased more and more in the areas that are communication, weather, marine, optical, radar etc. The functions of the Satellite are evolving from passive transponder to active transponder by the developing of a technology. Advanced countries in satellites install the DCAMP for increase of bandwidth efficiency, improvement of QoS by interference rejection. DCAMP includes many digital components in order to implement functions. Thus, these kinds of active transponders consume much more power compared to passive transponder and then increase the heat. In this paper, we discuss the TVAC test result of DCAMP in EQM(Engineering Qualification Model) level. The paper shows the test results of digital gain control in order to verify DCAMP status under the TVAC test. In addition, the temperature and heat condition of main components from viewpoint of derating will be treated through the official environment test for qualification.

A Study on Alternative Medical Disput Resolution -With a Focus on Medical Dispute Mediation of Kca- (제소 전 의료분쟁 해결에 관한 연구 -한국소비자원 의료분쟁 조정을 중심으로-)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.71-89
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    • 2012
  • Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

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The Study on Entrepreneurial Motivations and Maintenance Factors of Independent Publication (1인출판 창업 동기와 유지 요인에 관한 연구)

  • Cho, Jung-Mi;Kong, Byoung-Hun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.4
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    • pp.1541-1550
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    • 2012
  • The study examines entrepreneurial motivation and maintenance factors of independent publication, a rising business in the current digital era. Focusing on a case of independent publication which has been successful, this research discloses that personal attributes and backgrounds of individuals are the main factors to motivate them to establish businesses. Personal attributes include desire for achievement, self-control, risk-taking inclination, and etc., and personal backgrounds contain educational background, work experiences in the same line of business, social network, and etc. Moreover, this research also discovers that both intrinsic reward indicating the belief that the individuals will be able to publish the books which they want, and extrinsic reward as market profits are the main maintenance factors. This case study will contribute to developing the education and consulting programs for independent publication entrepreneurship and the related policies.

한국상사중재의 국제화와 경쟁력

  • Jo, Jeong-Gon
    • Journal of Arbitration Studies
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    • v.7 no.1
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    • pp.411-446
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    • 1997
  • This paper reports the results of an experimental companson of the winning rates in arbitral awards between the Korean Commercial Arbitration Board and the Japan Commercial Arbitration Association, and analyzed the comparative advantages of KCAB in international arbitration compared with ICC. There are so many factors to analyze the level of internationalizaton and competitiveness in the arbitration. From the recent lituratures, arbitration experts reported and debated tremendous elements which is vital to have a competition in the international arbitration market. Arbitration factors such as fairness, reliability, awareness, extension, enforcement, inexpensiveness, closed and expedited proceedings, arbitrators, expert knowledge, service, arbitral award, etc. are very important to appraise the level of the globalization and competitiveness of arbitration organizations Using these factors, I appraised current level of the globalization and competitiveness of the Korean Commercial Arbitration Board, unique arbitration organization in South Korea. Next, we are able to compare the level of fairness using the concept of 'winning rate' All over the world, only several arbitration organizations published and opened their own arbitral awards even In anonymity. The Japanese arbitration institutions published it regularly as well as the Korean When compared with these two institutions' "winning rates". there is similiar tendency in favor of domestic corporations That is to say, the winning rates in domestic arbitration cases are greater than those in international arbitration cases. This embarks an implication of unequality, a part of unfairness, in these two countries' arbitration. Finally, an analysis was conducted between the statistics of KCAB and ICC, especially to the focus on the number of arbitration cases, arbitration tribunals, arbitration places, parties' nationalities. the types of contents, the amount of arbitration, arbitration costs. There are two meanings to keep in mind for advancement of Korean arbitration. One is to establish new strategy specializing in small amount arbitration less than US$200,000. The other is to rearrange the panel of arbitration, especially in increasing field of arbitration cases such as the disputes of license, technology transfer, patent, etc.

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A Case Study about Non-regular Worker's Labor Dispute : Focusing on the Labor Dispute about Subcontract Company of Hynix Semiconductor Co. (비정규직 노사분규 사례 연구 : 하이닉스 사내하청 노사분규를 중심으로)

  • Yoon, Chan-Seong;Kim, Jung-Hoon;Lee, Hye-Jin
    • The Journal of the Korea Contents Association
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    • v.10 no.4
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    • pp.386-396
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    • 2010
  • The purpose of this study is to examine the non-regular labor dispute from beginning to the ends, thus, give guidance for future similar labor disputes. As a result of this study, firstly, subcontract company union negotiated with their companies, but after their companies was shut up, the union demanded negotiation with Hynix Co.(Hynix Co. contracted with union member's companies about cleaning job etc for every year). However, Hynix rejected the union's demand, because Hynix Co. do not have the legal obligation to negotiate with subcontract company union. Secondly, union members was to in unemployment and for the employment & negotiation with Hynix Co. they did illegal actions against Hynix Co. Thirdly, there was tried many efforts by NGO & government authorities etc to settle the disputes, and mediated, arbitrated by private expert(Certified Public Labor Attorney) Finally, both parties(that is Hynix Co. and subcontract company union) negotiated each other and settled the dispute without employment.

Improvement on Development Permit System after the Abolition of the Regulation against Continuous and Adjacent Development (연접개발제한 폐지 이후 개발행위허가 심의제도 개선방안)

  • Kim, Young-Woo;Yoon, Jeong-Joong
    • Land and Housing Review
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    • v.3 no.2
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    • pp.159-167
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    • 2012
  • The regulation of continuous and adjacent development was introduced to prevent unplanned and improper development and to protect environment in green zone and non-urban area that was deficient in infrastructure. Though it has been effective, it was repealed in 2011 by disorderly development problem caused by crafty tricks around restrictions. Alternatively, the Urban Planning Commission is now deliberating on the development permit, but there are still much to be resolved such as improper committee formation and abuse of power, insufficient green corridor preservation, a lack of use of planning information system, discordance between landscape management guidelines in laws, etc. Therefore, we suggest several ideas for improvement of development permit system as follows; intensive deliberation system in the Urban Planning Commission, integrated commission for green corridor prevention, early establishment of urban planning information system, making a development permission guideline to minimize discretional act of the Urban Planning Commission, etc.