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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

A Study on the Traffic Accident Characteristics Analysis in Expressway Longitudinal Tunnel using a Logit Model (로짓모형을 이용한 고속도로 장대터널 교통사고 특성분석에 관한 연구)

  • Seo, Im-Ki;Park, Je-Jin;AhnNam, Byung-Ho;Lee, Jun-Young
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.32 no.6D
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    • pp.549-556
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    • 2012
  • Longitudinal tunnels are defined as tunnels with length of over 1km. Because of Korea's topographical conditions and as safety measures for linear design, many tunnels are inevitably being constructed in Korea. The number of longitudinal tunnels constructed on expressways amounted to 104 as of the end of 2010 with a total length of 192km. Given the increasing demand for tunnels and the increasing length of tunnels, a safety evaluation of longitudinal tunnels needs to be conducted. As such, this study selected design elements, transportation environment and delineation system as elements to check and tried to determine factors influencing road crashes. For this, tunnels have been classified based on history of crashes; ones with crashes and ones without crashes and statistically meaningful explanatory variables were selected. By using these variables, a logit model was development in order to better grasp the factors that directly and strongly influence crashes. The result, related to crashes as well as the analysis were utility tunnel interior materials of driving lane and passing lane, which are related to driver's visibility, lateral width widening to consolidate space in a tunnel, and annual average daily traffic (AADT) per lane. These results may be used in the future as analysis indicators when drawing up plans to prevent crashes in longitudinal tunnels.

A Study on the Distance University Library Service Quality Factors and User Perception (원격대학 도서관 서비스품질 요인 및 이용자 인식 연구)

  • Kwon, Se-Jun
    • Journal of the Korean Society for Library and Information Science
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    • v.46 no.2
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    • pp.29-54
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    • 2012
  • This study aims to grasp what factors affect users' recognition level and expectation level for library service, being offered at the library of Korea National Open University. Also, this study seeks to conduct a survey and analyze whether users' recognition level by library service dimensions has actually influenced the intention and the satisfaction with using the library. For this, it carried out the theoretical approach, which considers domestic and foreign documents on evaluation of quality of library service, and the empirical approach of questionnaire research and analysis. A research model was designed on the basis of LibQUAL+model to achieve the objective of this research. And the group-based difference was confirmed by carrying out verification on research hypothesis. As a result of analysis, the users' current recognition level by library service dimensions of Korea National Open University was indicated to have influence on the whole satisfaction with library and the continuous use intention. The whole satisfaction was indicated to have an effect on continuous use intention. Also, to enhance users' satisfaction level according to the behavioral characteristics of using library, the core elements for improving the library service of Korea National Open University were cited and these include improving the facility of library, implementing smart digital library system for offering remotely academic information, and securing diversity and currency of academic information sources such as printing materials and electronic materials.

A Study of Job Analysis Method using Information Systems (정보체계를 활용한 직무분석 방안 연구)

  • Hwang, Ho-ryang
    • KIISE Transactions on Computing Practices
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    • v.22 no.10
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    • pp.521-531
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    • 2016
  • In this paper, since most business process of D-agency is being performed through some information systems, including Onnara System is a government standard operating management system, computerized accumulated in the system documentation based on, even if there is no independent job analysis system, in a judgment that can be can be tissue diagnosis, it presented a job analysis plan that leverages the existing information system. Most material is passed online in business processing between departments and between colleagues, it is returned. In situations where most information systems for such business processing is built developed, grasp the work procedures and information systems D-agency data accumulated to derive the necessary elements for job analysis quantified, and verified the validity of the element in the regression statistics.In addition, classification system (BRM, Business Reference Model) of the existing functionality that is available only Onnara System, and to establish a job analysis architecture to be able to function diagnostic departments to leverage common also in other information systems, related implement illustrating additional features of the information system, to derive a department duties value calculation formula with it, and present various job analysis plan that can actually be utilized to diagnose and derived elements department appropriate personnel.

Experimental study on the tunnel behavior induced by the excavation and the structure construction above existing tunnel (기존터널 상부지반 굴착 후 구조물 설치에 따른 터널거동에 관한 실험적 연구)

  • Cha, Seok-Kyu;Lee, Sangduk
    • Journal of Korean Tunnelling and Underground Space Association
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    • v.20 no.3
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    • pp.640-655
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    • 2018
  • Recently, the construction of the urban area has been rapidly increasing, and the excavation work of the ground has been frequently performed at the upper part of the existing underground structures. Especially, when the structure is constructed after the excavation of the ground, the loading and unloading process in the ground under the excavation basement can affect the existing underground structures. Therefore, in order to maintain the stability of the existing underground structure due to the excavation of the ground, it is necessary to accurately grasp the influence of the excavation and the structure load in the adjoining part. In this study, the effect of the excavation of the ground and the new structure load on the existing tunnel was experimentally implemented and the influence of the adjacent construction on the existing tunnel was investigated. For this purpose a large testing model with 1/5 scale of the actual size was manufactured. The influence of ground excavation, width of the load due to new structure, and distance between centers of tunnel and of excavation on the existing tunnel was investigated. In this study, it was confirmed that the influence on the existing tunnel gets larger, as the excavation depth get deeper. At the same distance, it was confirmed that the tunnel displacement increased up to three times according to the increase of the building load width. That is, the load width influences the existing tunnel larger than the excavation depth. As the impact of the distance between centers of tunnel and of excavation, it was confirmed that tunnel crown displacement decreased by 48%. The result showed that a tunnel is located in the range of 1D (D: tunnel diameter) from the center of excavation, the effect of excavation is the largest.

A Study on Suggestion for KCR and KORMARC by Analyzing Work and Expression Element of RDA in MARC (MARC 데이터의 RDA 저작 및 표현형 요소 분석을 통한 한국목록규칙 및 KORMARC의 고려사항)

  • Lee, Mi-Hwa
    • Journal of Korean Library and Information Science Society
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    • v.41 no.2
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    • pp.251-272
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    • 2010
  • Resource Description and Access(RDA) was published in 2008, reflecting IFLA IME ICC's International Cataloguing Principles(ICP), conceptual model for cataloging of Functional Requirement for Bibliographic Records(FRBR), and conceptual model for authority data of Functional Requirement for Authority Data(FRAD). Therefore, new tags and fields have been added to MARC21 format, and researches about the prototype have been studied to implement FRBR as envisioned by the new RDA standard. According to the innovative international cataloging environments, KCR and KORMARC must be revised to accommodate RDA description. This study was to grasp occurrence rate of work and expression element of FRBR and RDA among MARC field of Hansung University library and to analyze limitation of MARC data for RDA. Based on this limitations, cataloging rules and tags and fields of KORMARC were suggested to accommodate RDA in national cataloging environment. This study reviewed cataloging rules such like representation, main entry and rule of three, preferred title, types of content, media and carrier. This study is to suggest the consideration of KCR and KORMARC for RDA in Korea.

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An Empirical Analysis on Public Transportation Demand and TOD Design Factors in Seoul subway adjacent area (서울시 역세권의 TOD환경과 대중교통이용수요 관계분석)

  • Moon, Young-Il;Rho, Jeong-Hyun
    • International Journal of Highway Engineering
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    • v.13 no.4
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    • pp.211-220
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    • 2011
  • TOD(Transit Oriented Development) has recently been active, which presents that TOD planning elements should be comprehensively taken into consideration in order to enhance domestic transit ridership by changing environments in rail station areas and an empirical analysis on the type of rail station areas and transportation demand should be a prerequisite for usage of future development planning. This study aims to grasp a variety of TOD of influence factors in Seoul rail station area and to perform analysis to identify relationship between public transportation demand and these TOD design factors. To make it come true, we gathered data with respect to Density, Diversity, and Accessibility as representative TOD planning elements and carried out factorial and regression analysis. Consequently, we drew 7 influence factors base on factorial analysis: Factor 1(Diversity/ -Use Mix(LUM)), Factor 2(Density/development density), Factor 3(Accessibility/public transportation facility supply), Factor 4(Design/street design), Factor 5(Green/access mode (pedestrian, bike), Factor 6(Design/subway size), Factor 7(Accessibility/Public transit operation) As the result of model development by using factorial and regression analysis, positive influence factors on passenger flow in rail station area are Factor 1(Diversity : Land-Use Mix), Factor 3(Accessibility : public transportation facility supply), Factor 2(Density : development density), Factor 5(Design/ access mode) and Factor 6(subway size) Next, negative influence factor on passenger flow in rail station area shows Factor 7(Accessibility/Public transit operation) as the most influential factor. This is because the growth of service interval of linked subway and bus leads to reduced demand.

Study on Political Factors for Innovating Textile and Fashion Industry in Northern Gyeonggi Province (경기북부 섬유패션산업 혁신을 위한 필요 정책요인 분석연구)

  • Yoon, Chang-Ju;Hwang, Chan-Gyu;Kwon, Hun-Gong;Won, Moon-Ye
    • Journal of Convergence for Information Technology
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    • v.8 no.1
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    • pp.253-263
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    • 2018
  • Textile fashion industry is a core foundation industry, having the majority of companies with 10 or more workers, in Northern Gyeonggi Province. however the industry is mostly comprised of small unit-stream enterprises, orders are greatly reduced due to lately accelerated overseas expansion of medium/large-sized vendors and the growth-inhibiting vicious circle has being set in, as this situation causes the reduction of investment. For resolving the problems, this study proposes required political factors and concrete policy proposals by designing AHP research model(4 layers and 36 elements), based on grasp of the transitional aspect of industrial scale and business environment through analysis of various industrial statistics, preceding research such as related literature search and (industrial/academic/R&D/government) specialist opinion investigation, and then calculating relative importance and priority of each factor(element) within each layer. And for raising usefulness and availability of the research result by concretely suggesting the vision, strategies, core tasks and detailed projects in which the research model and deduced result are reflected.

Characteristics of Greenup and Senescence for Evapotranspiration in Gyeongan Watershed Using Landsat Imagery (Landsat 인공위성 이미지를 이용한 경안천 유역 증발산의 생장기와 휴면기 분포 특성 분석)

  • Choi, Minha;Hwang, Kyotaek;Kim, Tae-Woong
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.1B
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    • pp.29-36
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    • 2011
  • Evapotranspiration (ET) from the various surfaces needs to be understood because it is a crucial hydrological factor to grasp interaction between the land surface and the atmosphere. A traditional way of estimating it, which is calculating it empirically using lysimeter and pan evaporation observations, has a limitation that the measurements represent only point values. However, these measurements cannot describe ET because it is easily affected by outer circumstances. Thus, remote sensing technology was applied to estimate spatial distribution of ET. In this study, we estimated major components of energy balance method (i.e. net radiation flux, soil heat flux, sensible heat flux, and latent heat flux) and ET as a map using Mapping Evapo-Transpiration with Internalized Calibration (METRIC) satellite-based image processing model. This model was run using Landsat imagery of Gyeongan watershed in Korea on Feb 1, 2003 and Sep 13, 2006. Basic statistical analyses were also conducted. The estimated mean daily ETs had respectively 22% and 11% of errors with pan evaporation data acquired from the Suwon Weather Station. This result represented similar distribution compared with previous studies and confirmed that the METRIC algorithm had high reliability in the watershed. In addition, ET distribution of each land use type was separately examined. As a result, it was identified that vegetation density had dominant impacts on distribution of ET. Seasonally, ET in a growing season represented significantly higher than in a dormant season due to more active transpiration. The ET maps will be useful to analyze how ET behaves along with the circumstantial conditions; land cover classification, vegetation density, elevation, topography.

Study on Stress Recovery Length of 7-Wire Strand due to Local Damage (강연선의 국부적 손상에 따른 응력 회복길이 분석 연구)

  • Seo, Dong-Woo;Kim, Byung-Chul;Jung, Kyu-San;Na, Wongi;Park, Ki-Tae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.12
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    • pp.150-156
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    • 2017
  • This study examined the stress recovery length due to the local damage of a 7-wire strand, which is applied widely to PSC (Post Tensioned Concrete) bridges and cable-stayed bridges. The 7-wire strand is a multiple stranded steel of PC prestressing strand. Owing to the nature of the material, it is damaged continuously after completion with corrosion being the main cause of damage. On the other hand, due to its structural characteristics, it is difficult to grasp the degree of damage inside the cable and the pattern of stress variation. In the case of cables applied to bridges, the parts that are susceptible to corrosion are generated depending on the water supply and installation shape, which may cause local damage. This study analyzed the tendency of performance degradation and stress recovery length according to local damage of a 7-wire strand, which is applied mainly to bridge post-tensioning or stay cables. This study developed a computer-based simulation model that was validated with experimental results. The model developed in this study can be used to evaluate the safety level and estimate the remaining life span of P SC bridges or cable-stayed bridges.