• Journal of Arbitration Studies
• /
• v.24 no.3
• /
• pp.1-31
• /
• 2014

The foundation of the arbitration jurisdiction is the arbitration agreement entered into by the parties to a contract. Usually, only the signatory parties to a contract and the disputes arising from a contract that includes an arbitration clause or to which the arbitration clause relates are the ones that can be submitted to arbitration. This article discusses some of the arguments for extending the arbitration clause in complex arbitrations, that is, in those cases where there are more than two parties, more than two contracts or more than two parties and contracts. Particularly, this paper addresses multiple contract arbitration when the contracts are related. One of the arguments used by the arbitral tribunal for the extension of jurisdiction is the existence of a link between the contracts. Additional arguments include implied consent, participation in the negotiation and performance of a contract and good faith. The article also discusses some of the typical cases of linked contracts in many civil law countries, such as subcontracts, third party beneficiaries and standard terms of contracts, from which arbitral jurisdictions problems may arise. Finally, special attention is given to Article 14 of the 2008 Peruvian Arbitration Law as the first provision in an arbitration law in Latin America that extends the arbitration agreement to non-signatory parties using for this a mixed approach.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.38
• /
• pp.3-45
• /
• 2008

A motive and aim of enactment of UN Convention on the Use of Electronic Communication in Int'l Contracts is based on need to eliminate legal obstacles that might arise under existing int'l trade law instruments and promote int'l electronic commercial transaction. But when it is used with related articles, 14, 15, 16, 17 for offer under CISG, one of the most successful conventions which produces substantive law for the unification of int'l trade, questions of practical importance, for example possibilities of withdrawal, revocation, rejection of offer, the extent of its criteria arise from therewith. In conclusion, a effective electronic offer has to assure easily access and confirmation of trade terms besides criteria of offer under CISG. An offer can be withdrawal, if electronic message of withdrawal has entered the offeree's server before or at the same time when the offer has reached the offeree but agreement expressly or impliedly, between the parties about type, format, email address is a prerequisited. Implied consent could be presumed through prior conduct or trade usages between the parties under CISG articles 8, 9. The term "have reached" correspond to the time which is able to retrieve the electronic message of withdrawal. But without express or implied agreement between them about electronic communication of type, format, email address, an offer can be withdrawal before or at the same time when it has entered offeree's other e-mail address and confirmed by his retrieval. In case of the revocation, electronic message of the revocation is effective before the offeree's dispatching an acceptance. A prerequisite for the revocation by electronic communication is came as the above mentioned withdrawal except for concept of a time difference for reach. In case of a rejection of offer, when a rejection by electronic communication has entered the offeror's server, an offer is ended. But a prerequisite for the rejection by electronic message is same as the above mentioned withdrawal and revocation.

• Journal of Preventive Medicine and Public Health
• /
• v.15 no.1
• /
• pp.17-31
• /
• 1982

A physician assumes toward his patient the obligation to use such reasonable care and skill as is commonly possessed and exercised by physicians in the same general line of practice in the same or similar localities and to use his best judgment at the times. Medical disputes between physicians and patients are, ever more increased in these days as human body, happens to cause a variety of changes in body unlike the function of machine. Such increased trends of medical disputes became a problem in common across the word under the influence of affluent living standard, high consciousness of life value and right by today's people. The aim of this dissertation is oriented to forming a physician's responsibilities in medicalcare accidents arising between physicians and patients. A general physician, for example, has not been negligent merely because, a specialist might have treated the patient with greater skill and knowledge. However, the fact that a physician may have acted to the best of his ability will not avoid legal problems for damages resulting from substandard treatment, that is the degree of care and skill which is to be expected of the ordinary practitioner in his field of practice. The duty of a physician who is, or holds himself out to be, a specialist is greater in the field of his specialty than one who is a general physician. A patient's consent to routine medical procedures is implied from the fact that patient comes to the physician with a medical problem and voluntarily submits to the procedures. For the more serious medical procedures and for major operations, however, it is preferable for the physician to have the patient's consent in writing, to facilitate proof of the consent in the event of a dispute or litigation. Suppose that mistakes on the part of physicians are likely to be blamed in all cases of malpractice. Then it will create a sort of shrinkage in activities of medical treatment. There should be some limitation on excessive application of 'The thing speaks for itself' on mistakes by physicians and availablity of cause and effect. It is a matter of complicity as well as a matter of importance to draw a definite boundary on responsibilities of physician. A series of further research on this particular aspect is strongly urged.

• The Korean Journal of Emergency Medical Services
• /
• v.13 no.3
• /
• pp.77-90
• /
• 2009

Civil complaints and lawsuits filed in the process of providing emergency medical service include fall accident on the way of carrying the patient, transfer consent, refusal and rejection of rescue request, range and behavior restriction of emergency medical technicians, false registry of logbook, neglect of duty and emergency patient, and violation of traffic laws on the way of dispatch to the scene of accident. This study suggested the measures by cases as follows. 1. The accidents on the way of carrying a patient could be divided into fall of patient and fall by paramedic's mistake. In the former case, damages caused by the ambulance's shaking must be notified to the patient and guardian and recommended to fasten seat belt, in the latter case, the plan of patient's posture, route of transport, rescue and equipments should be comfirmed before fixing the patient. 2. Transfer consent must be made as implied when the patient is unconscious under delusion and was not able to consent physically, and paramedic must take an action by his judgment and record details of services on logbook. 3. When a patient refused to transfer, get 'confirmation of transfer refusal' and inform him of refusal. Paramedic should receive the signature. In addition, in case of refusal, transfer request should be made after hearing doctor's opinion and it should be notified to transfer request and superintendent of fire station after making 'confirmation of transfer refusal'. 4. Emergency medical technicians should perform their duties within the range of services prescribed by Article 41 of Law of Emergency Medical Service and Article 33 of Its Enforcement Regulations and shall not make announcement of death. In case of reporting the death to guardian, it is desirable to use record data like ECG results. 5. The best way to have protection from legal problems is making and keeping the exact records of accident and patient. Paramedic should not mention his subjective opinion about the accident-related matter. He must record correctly and keep the original medical records. 6. As emergency medical technicians are responsible for taking care of emergency patients, they must contact a briefing room when they meet a difficult situation suddenly due to vehicle stop or treatment of other patients and then must have support from neighboring hospital and other safety centers. 7. Since the ambulance operator is responsible for safety and careful driving of ambulance, he must be careful when he violates traffic regulations unavoidably. The operator should drive slowly below 10km/h at an intersection and pass it after getting way from general vehicles driving from all directions.

• Women's Health Nursing
• /
• v.22 no.4
• /
• pp.241-253
• /
• 2016

Purpose: The purpose of this qualitative research was to understand the meaning of the depression in low income elderly women. Methods: Participants were 15 elderly women, aged between 60 and 80 who were registered in two senior welfare centers in Seoul. Data were collected from June to December, 2012 after having obtained consent from participants. In-depth interviews were done with open-ended questions about their depression experiences, which were audio-taped and transcribed with verbatim. Data were analyzed using qualitative content analysis to discover the categories considering their relationships and abstractness. Results: Depressions of aged women were a part of the their life throughout their long lived hardship and was implied unhealed wounds within the relationship. Participants did not know how to manage with depression symptoms that they tried to overcome individually but due to decreased activities and interpersonal relationships, their depressions were tended to continue. They have tried to get out from depressive symptoms, but it still remains unseen shadow of mind. Conclusion: This results suppose that social support and aged welfare policy included reliving the economical difficulty and improving relationships will be provided to manage the depression for low income elderly women.

• Journal of East-West Nursing Research
• /
• v.17 no.1
• /
• pp.16-23
• /
• 2011

Purpose: As anger may be strongly related to stroke, this study examined the relationship between anger expression style (anger-in, anger-out, anger-control) and risk factors for stroke to investigate the possible attribution of anger expression style to stroke incidence. Methods: The cross sectional study design was employed. The 291 participants signed consent forms and completed questionnaires including the anger expression style scales and risk factors for stroke. Data were analyzed using descriptive statistics, t-test and One-way ANOVA. Results: The highest score among anger expression styles of the participants was from anger-control. Participants with higher mean value of anger-out were current non-smokers, doing regular exercise, having scores above 23 in Body Mass Index, having scores above 90 cm (male) or 80 cm (female) in abdominal circumference, and having scores below 85 mmHg in diastolic blood pressure. Participants with more than 5 risk factors to stroke had the highest score of anger-in. Conclusion: The results of this study implied anger expression style was psychological risk factor for stroke. Further studies to differentiate the anger expression style contributing to the risk of stroke are needed with a longitudinal study design.

• Journal of Korean society of Dental Hygiene
• /
• v.13 no.3
• /
• pp.525-534
• /
• 2013

Objectives : This study aimed to improve school health program by investigation of several variables through educational diagnostic factors which influence the level of subjective oral health perception and DMFT of students on the basis of PRECEDE model. Methods : A total of 286 high school students in Busan completed the self-reported questionnaire from September 3 to 28 in 2012. Results : 1. Social and epidemiologic diagnosis suggested that the level of subjective oral health perception of male students was not better than that of female students and DMFT number of the male was more than that of the female(p<0.001)(p<0.001). 2. Oral health diagnosis indicated that once a day tooth brushing group showed lower level of oral health perception(p<0.001) and high DMFT number(p<0.001). 3. Predisposing factor of educational diagnosis implied that more than 4 times a day snack intake group and sweet diet and soda friendly group showed lower level of oral health perception and high DMFT number(p<0.001). 4. Tooth brushing of the reinforcing factors had the most important effect on the level of oral health perception and the number of dental caries. Daily snack intake was the most important effect on DMFT number. Conclusions : The informed consent from each family was the important factor in implementing PRECEDE model. School health program improved oral health care. Oral health program can correct the risk oral health behavior in children and adolescents.

• Women's Health Nursing
• /
• v.3 no.1
• /
• pp.82-92
• /
• 1997

The purpose of this study was attempted to understand the substance and meaning of menopause experienced by women through informal interviews with oral consent. The informants were 6 perimenopausal women of 50-55 years old who are executing menopause. Colaizz's analytical method, a type of phenomenological analysis, was used to analyze data recorded by audiotape. One professor and a master's degree student who understand phenomenology, and the one who has a master of arts examined the validity between the meanings composed of the clusters of themes. Findings were turned out to be valid through validation process as the last step. The meaning of menopause implied both 'concept about menopause' and 'menopause as a time of change'. Menopause was mostly considered as cessation of menstruation as a physiological, natural, and normal process by aging. However, some people regarded menopause as a loss of youth and womanhood and lessening of every function of the body. Menopause as the time of changes means 'the period of' 'hormonal changes' such as change of menstruation, hot flushes, perspiration, and palpitation ; 'body function changes' of visual acuity, physical strength, sleeping, digestion, thoughts, bone and joints, skin sensibility, sexual pattern and intelligence ; 'emotional changes' such as anxiety, loneliness, gloominess, and nervousness. Menopause is a turning point on the women's life cycle accompanying various kind of changes and health problems. Therefore it is inevitable to develop strategy helping menopausal women pass through the critical successfully by adapting and coping with their critical period toward the healthy and better quality of life individually rather than putting them all into the standardized hormonal replacement protocol.

• Journal of Arbitration Studies
• /
• v.18 no.1
• /
• pp.71-96
• /
• 2008

Arbitration is fundamentally a matter of contract, whereby contractual parties may only be required to submit a dispute to arbitration pursuant to their formal agreement. However, there are several important exceptions to this rule that have developed under common law notions of implied consent. These doctrines may serve either to benefit or to harm a nonsignatory to an arbitral agreement because either (1) the nonsignatory may compel a signatory to the agreement to arbitrate a dispute or (2) the nonsignatory may be compelled to arbitrate a dispute despite never having signed an arbitration agreement. The Court has a long-standing domestic policy of favoring arbitration, and these doctrines reflect that policy. 1. incorporation by reference An arbitration clause may apply to a party who is a nonsignatory to one agreement containing an arbitration clause but who is a signatory to a second agreement that incorporates the terms of the first agreement. 2. assumption An arbitration clause may apply to a nonsignatory who has impliedly agreed to arbitrate. Under this theory, the nonsignatory's conduct is a determinative factor. For example, a nonsignatory who voluntarily begins arbitrating the merits of a dispute before an arbitral tribunal may be bound by the arbitrator's ruling on that dispute even though the nonsignatory was not initially required to arbitrate the dispute. 3. agency A nonsignatory to an arbitration agreement may be bound to arbitrate a dispute stemming from that agreement under the traditional laws of agency. A principal may also be bound to arbitrate a claim based on an agreement containing an arbitration clause signed by the agent. The agent, however, does not generally become individually bound by executing such an agreement on behalf of a disclosed principal unless there is clear evidence that the agent intended to be bound. 4. veil piercing/alter ego In the corporate context, a nonsignatory corporation to an arbitration agreement may be bound by that agreement if the agreement is signed by its parent, subsidiary, or affiliate. 5. estoppel The doctrine of equitable estoppel is usually applied by nonsignatory defendants who wish to compel signatory plaintiffs to arbitrate a dispute. This will generally be permitted when (1) the signatory must rely on the terms of the contract in support of its claims against the nonsignatory, or (2) the signatory alleges that it and the nonsignatory engaged in interdependent misconduct that is intertwined with the obligations imposed by the contract. Therefore, this article analyzed these doctrines centering around case-law in America.