• Title/Summary/Keyword: Korean Law

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The Stress Types, Coping Styles, and Relationship Quality with Mothers-in-Law Perceived by Sons-in-Law (장모-사위 관계에서 사위가 지각하는 스트레스, 대처방법과 관계의 질)

  • Oh, Hae-Jung;Park, Kyung-Rhan
    • Korean Journal of Human Ecology
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    • v.20 no.6
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    • pp.1093-1107
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    • 2011
  • The purpose of this study was to examine the effect of stress types and coping styles on the relationship quality with mothers-in-law perceived by sons-in-law. The data was collected from 300 sons-in-law aged 20~49 by using a survey questionnaire. The main results of this study were as follows: first, factor analysis yielded 4 types of coping(cognitive understanding coping, avoidant coping, direct behavior coping, and indirect behavior coping) and 7 types of stress(despising poor ability and condition, interference in daily life, son-in-law discrimination, wife discrimination, uncomfortable interaction, differences in lifestyle, and excessive demand). Second, the total stress perceived by sons-in-law in the relationship with their mothers-in-law was affected by avoidant coping and cognitive understanding coping. Finally, the relationship quality between mothers-in-law and sons-in-law was influenced by avoidant coping, uncomfortable interaction stress, direct behavior coping, differences in lifestyle stress, son-in-law discrimination stress, interference in daily life stress, frequency of meeting, cognitive understanding coping, indirect behavior coping, and age. Consequently, it was confirmed that sons-in-law's coping styles with stress from their mothers-in-law was more influential than the amount of stress perceived by sons-in-law on the relationship quality with their mothers-in-law. Especially, 'avoidant coping' among 4 styles of coping and 'uncomfortable interaction stress' among 7 types of stress influenced the relationship quality between mothers-in-law and sons-in-law the most.

Determination of Governing Law in International Commercial Arbitration (국제상사중재(國際商事仲裁)에서 준거법(準據法)의 결정(決定))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.29
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    • pp.39-61
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    • 2006
  • The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

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Review on the Mother-in-law and Daughter-in-law Relationship Research (고부관계 연구에 대한 고찰)

  • 김갑숙
    • Journal of Families and Better Life
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    • v.11 no.1
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    • pp.235-243
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    • 1993
  • The purpose of this study is to analyze research on mother-in-law and daughter-in-law relation-ship. Also this study is the preliminary research for more scientific and wider studies on the mother-in-law an daughter-in-law relationship. For the analysis 39 articles which had been published from 1963 to 1991 were investigated by research contents research method and research findings. by research contents research method and research findings The main results are as follows: 1) Mother-in-law and daughter-in-law relationship researches are mostly analyzed the causes of conflict between mother-in-law and daughter-in-law of conflict between mother-in-law and daughter-in-law. 2) Research method used is almost the survey research 3) It is difficult to generalize the research findings because of the unexquisiteness of methode-logy and the difference of the subject.

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Relationship Patterns between Parents-in-law and Foreign Daughters-in-law based on the Perceived Agreement of Quality of Relationship and Communication (시부모와 외국인 며느리가 지각하는 관계의 질과 의사소통의 일치정도에 근거한 관계유형)

  • Chung, Soon-Dool;Park, Hyun-Ju;Oh, Bo-Ram
    • Korean Journal of Social Welfare
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    • v.62 no.1
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    • pp.133-153
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    • 2010
  • The purpose of this study was to observe the difference and patterns of relationship between parents-in-law and foreign daughters-in-law based on the perceived agreement of quality of relationship and communication. A total of 138 dyad relationships between parents-in-law and foreign daughters-in-law from Seoul, Kyunggi-Do, and Cholla-Do were analyzed. The study results showed that parents-in-law and foreign daughters-in-law perceived their relationship as an average and above and parents-in-law perceived their relationship more positively than daughters-in-law. A total of 4 clusters were categorized by cluster analysis based on the agreement of perceived relationship and communication: parents-in-law perceived their relationship positively but daughters-in-law were not(cluster 1), daughters-in-law perceived their relationship positively but parents-in-law were not(cluster 2), both parents-in-law and daughters-in-law perceived their relationship positively(cluster 3), both parents-in-law and daughters-in-law perceived their relationship negatively(cluster 4). In order to observe the characteristics of relationship patterns, ANOVA were performed. Cultural competency of parents-in-law appeared to relate to their relationship with daughters-in-law. Acculturative stress of daughters-in-law who have good relationship with their parents-in-law was low and marital satisfaction of them was high. In addition, life satisfaction of parents-in-law who have good relationship with their daughters-in-law was high. Implication of this study was discussed.

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A Study on Law Consciousness of Nurses (간호사의 법의식에 관한 연구)

  • You Kwang Soo;Suh Geo Suk
    • Journal of Korean Public Health Nursing
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    • v.10 no.2
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    • pp.162-176
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    • 1996
  • The Purpose of this paper was to get grasp the law consciousness of nurse in order to estimate a degree of law cognition, confidence consciousness toward law, consciousness of right and law-abiding spirit that nurses have. This paper made a survey of 566 nurses who were employed in general hospital. health center, school and health-clinic of chonju-city, Questionniare were composed 29 items through four dimension. The result of this survey showed that the role of university and hospital was insignificant for nurses in recognizing law. Consequently, not only hospital but also university ought to insert law in education curriculum or training course. Main contents of this paper are as follows; 1. Introduction 1) necessity of study 2) purpose of study 2. Literature study 3. Method of study 1) subject of study 2) means of study 3) method of analysis 4. Results of study 1) general characteristic of subjects 2) law cognition 3) law consciousness 4) law consciousness according to general characterics 5) law consciousness according to the course of law cognition and needs 5. Summary and Conclusion

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The Present State and Subject of Health Care Law System in Korea (우리나라 보건의료법의 현황과 과제 - 법정책학적 연구방법론을 중심으로 -)

  • Cho, Hyong Won
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.237-271
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    • 2013
  • There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

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A Study on the Validity of Open-price Offer in European Law (유럽 법제에서 오픈 프라이스 청약의 유효성에 관한 고찰)

  • Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.47-68
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    • 2008
  • I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

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Contextual Factors in Conflicts in Multicultural Mother and Daughter In-law Relationships: A Qualitative Approach with Dyadic In-depth Interviews (결혼이민자가정 고부갈등의 맥락적 요인에 대한 탐색적 연구: 시어머니와 며느리의 인터뷰를 중심으로)

  • Kang, Hyekyung;Auh, Seongyeon
    • Human Ecology Research
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    • v.52 no.4
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    • pp.355-369
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    • 2014
  • The in-law relationship traditionally plays a major role in Korean marriages and families because parents-in-law prefer to stay with their son under the same roof. The recent spike in the number of intercultural matches in South Korea may be provoking changes in the traditional family experience. The object of this qualitative study was to explore the contextual factors causing conflicts between mothers-in-law and their daughters-in-law in multicultural families. Six mother and daughter in-law dyads from rural areas of South Korea were recruited and interviewed. We found that the mothers-in-law and daughters-in-law had had different motives for the marriage at first. Five major themes emerged from the analysis of the dyadic interviews: the conflicts of the participants were embedded in the alternative family formation, in financial strains and the power structure, barriers in communication, cultural insensitivity and conflicts between value systems, as well as in role conflicts due to differing role expectations and hegemony. In conclusion, the authors of this study suggest that increasing cultural sensitivity and communication skills in immigrant daughter-in-law an Korean mother-in-law relationships will be crucial for a healthy in-law relationship. The need for the availability of Multicultural Family Centers' services in the community was highlighted. In order for mothers-in-law and daughters-in-law to form positive relationships, it is important to facilitate a variety of easily accessible educational programs in the community focusing on fostering the mother-in-law's understanding of the daughter-in-law's perspective.