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A Study on the "Terms of Reference" in the ICC Rules of Arbitration (ICC 중재규칙(ICC Rules of Arbitration)의 "위탁조건"(Terms of Reference)에 관한 연구)

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.81-106
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    • 2006
  • The Terms of Reference are one of the most distictive features of ICC Arbitration. No document of this type is required to be drawn up under the rules of any of the other major international arbitration institutions. The purpose of this paper is to examine their advantages and to introduce main contents provided in Article 18 of ICC Rules of Arbitration, which results in the wide recognition of the Terms of Reference. As the volume of our international commercial transaction ranks almost ten in the world, the frequency using ICC Arbitration is expected to increase continuously. The Terms of Reference provide the parties and the arbitrators with an opportunity to identify and agree on procedural and other matters, such as the applicable law, the language of the arbitration and the timetable for the arbitration. They also afford the parties and the arbitrators to identify the substantive issues that are addressed in the arbitration and to delimit the precise scope of the Arbitract Tribunal's mandate. The contents of the Terms of Reference which are provided in Article 18(1) include the summary of parties claims, the list of issues and procedural rules. For the effects of the Terms of Reference, they are not intended to replace the parties' arbitration agreement. But they may in certain circumstances be regarded as a form of submission agreement. Article 18(2) provides that the Terms of Reference shall be signed by the parties and the Arbitral Tribunal, and requires the Arbitral Tribunal to transmit a signed copy of the Terms of Reference to the Court within two months of the date on which the file was transmitted to it by the Secretariat. The Court enjoys the power to extend the two-month time limit for the Terms of Reference on the reasoned request of the Arbitral Tribunal or on the Court's own initiative. Article 18(3) provides that if any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, they shall be submitted to the Court for approval. Article 18(4) allows the Arbitral Tribunal to extablish in a separate document a provisional timetable. This is a provision that encourages the acceleration of the arbitraction process. The timetable provided for therein is merely "provisional" and may be modified, as necessary, during the course of the arbitration.

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A Study on the Patternwork Departments of Apparel Manufacturing Companies in Korea (국내(國內) 의류업계(衣類業界)의 패턴실(室) 운용(運用) 실태(實態) 연구(硏究))

  • Koh, Ji-Young;Sohn, Hee-Soon
    • Journal of Fashion Business
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    • v.3 no.4
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    • pp.139-146
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    • 1999
  • The purpose of this study is to analyze the efficiency and working conditions of the patternwork departments by surveying the apparel manufacturing companies sampled in Seoul for their organization, working enviornment and technology of their patternwork departments, and thereby, find the ways to promote the functions of the patternwork department. The results of this study can be summarized as follows; 1. As a result of analyzing the working environment of patternwork departments, it was found that the problems counted by most of the pattern workers were lack of workforce, unhygienic or unpleasant workplaces. 2. As a consequence of analyzing the sample production in terms of tacking methods and times, They rarely tacked the white cotton. Such an omission of tacking procedure may serve to save time, but if a sewing error occurs, the working time would rather be longer due to the defects of pattern to be remedied. 3. As a result of reviewing the general patternwork conditions, it was found that the patterns were still worked out in two dimensions. On the other hand, more than 60% of the pattern workers were applying to their patternworks the styles which they had learned from their seniors. Few patterns are being developed in conformity to apparel trends or body shape changes. 4. As a consequence of examining the problems involving the production of patternsl, the problems involved primarily the patterns incised off no-dart pattern and body structure, and in light of items, involved mainly the trousers and in light of material, involved much the stretch or velvet. Moreover, it is deemed necessary to establish a special institute devoted to a systematic development of pattern technology. 5. Most of the CAD patternworks are used not for pattern designing but for grading and marking works, which suggests that pattern workers need to be educated on this new technology for more diverse and precise patternworks. 6. Lastly, as a result of examining the conditions of patternwork departments and their relevant works, most of the pattern workers were found to be subject to irregular and excessive workload, having little time to produce good patterns. This finding suggests that it is necessary to mandate the pattern workers to more involve the commodity planning.

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Ehtiopiam Agricultural Extension System -The Past Experience, Present Status and Future Direction- (에티오피아 농촌지도사업의 현재와 미래)

  • Besha, Dagnachew Bekele;Park, Duk-Byeong
    • Journal of Agricultural Extension & Community Development
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    • v.21 no.1
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    • pp.219-244
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    • 2014
  • Agricultural extension service in Ethiopia was started in early 1950s with mandate of transferring local research outputs and technologies to farmers, and importing technologies and improved practices from abroad. Extension service provided in this early time was limited to areas surrounding the experiment stations. Since then, Ethiopian Agricultural extension service has passed through at least five stages: the land grant extension system, the Comprehensive Package Programs, the Minimum Package Projects, the Peasant Agricultural Development Program, and the Participatory Demonstration and Training Extension System (PADETS). The comprehensive package extension program was initially implemented in selected pilot areas and eventually to be scaled up to cover about 90% of the farming community within 15-20 years time. The program used demonstration plots managed by development agents and used to train farmers organized through various field days. However, since all of these programs were operational in only small areas, the vast majority of the country was out of their reach. Through Participatory Demonstration and Training Extension System, the extension service in Ethiopia has come under the spotlight and government debates and external reviews are putting additional scrutiny on the system. Despite this long history, the system is still in its infancy in terms of coverage, communication and institutional pluralism. Currently in Ethiopia the Agricultural extension is provided primarily by the public sector, operating in a decentralized manner through which extension is implemented at the district level. Therefore, the main focus of this paper is to scrutinize the past, the present and the future Agricultural extension system in Ethiopia.

Development and Effects on a Program for Decreasing Violent Behaviors of the Spouse Abusers with Drinking Problems - Applying Motivational Enhancement Therapy - (음주문제를 가진 가정폭력가해자 폭력행동감소 프로그램의 개발과 효과 - 동기증진치료의 활용을 중심으로 -)

  • Jang, Soo-Mi
    • Korean Journal of Social Welfare
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    • v.56 no.1
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    • pp.103-126
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    • 2004
  • The court-mandated spouse abusers with drinking problems not only resist and complain about taking the court-mandate but also have the low motivation to change their problem drinking and violent behaviors. Therefore, in this study the program is developed to decrease violent behaviors of spouse abusers with drinking problems. Also, the usefulness of this program is examined by quantitative and qualitative methods. The results are as follows: The experimental group's pre-to-post variation is decreased by significant level statistically more than the comparison group's variation in drinking problems. Regarding violent behaviors among groups, the experimental group's pre-to-post and pre-to-followup variation are decreased significantly. It is assumed that Motivation Enhancement Therapy(MET) influences the differences of motivation to change violent behaviors in both groups. The reason is that MET is considered to have influences on the group's dynamics and interaction. Also, it is helpful to change the negative emotions to the positive emotions and to stimulate the group interaction and the participation. This study will be contributed to promote the speciality on providing services for family in a domestic violence in Korea. Through this study, I suggested future implications in research, practice, and political side on spouse abusers with drinking problems.

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Myths for Kingship of the Ryukyu Kingdom in the 17th and 18th Centuries (17·18세기 류큐(琉球) 사서(史書) 소재 왕통(王統) 시조 신화와 왕권의 논리)

  • Jeong, Jinhee
    • Cross-Cultural Studies
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    • v.35
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    • pp.123-154
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    • 2014
  • In the 17th and 18th centuries, when the Ryukyu kingdom had been invaded and controlled by Japan, some official texts about 'history' were documented. In that texts, there are some myths about the kings-Syunten(舜天), Eiso(英祖), Satto(察度), Syouhasi(尙巴志), Syouen(尙圓)-who founded dynasties of Ryukyu kingdom. This study attempts to delineate the features and meaning of those founder myths as a polotial discourse for kingship. The results of this study are as follows. 1. The founder myths are discourses to describe the genealogy of the Ryukyu kingdom as the result of Mandate of Heaven(T'ien Ming, 天命). 2. In ancient okinawa, the sun was a symbol of ruler. The king of Ryukyu kingdom was thought as 'son of the sun', 'Tedako(てだこ, 太陽子) in the time of Syou dynasty(尙王朝). But in the founder myths, the only one Tedako is Eiso. 3. In the myths, the 'historical' founders are described as the king for agriculture. They were said to make the farming instruments with iron and rule the spring water for farming. The iron and water for fariming was thought to represent the power of king and the kingship. 4. The writers of myths aimed to be separated from the mythical kingship of past Ryukyu(古琉球). So, they threw the idea of Tedako(=mythical kingship) into the prison of mythical ages by rewriting myth of King Eiso. Instead of it, they built up the new image of agriculture-king who rules and controlls the iron and water for good farming. The meaing of this change, from 'shiny sun' to 'cultural king', is that the abstract and general power of kingship was turned into a concrete and restricted power of kingship. On the bases of it, there was the confucian political ideas from China, T'ien Ming thought(天命論). Under the influence of not only China but also Japan, the writers of myths attempt to find a new way for their kingdom by reconstructing kingship with ruminating over the kingship of past. The myth of founders in the 17th and 18th Centuries shows the aspects of kingship of Ryukyu kingdom and tells us that those myths are the political discourses identifying kingship and Ryukyu kingdom.

A Comparative Study on the Fundamental Act of Education in Korea and Japan (한국과 일본의 교육기본법 비교분석)

  • Jeong, Kioh
    • Korean Journal of Comparative Education
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    • v.28 no.3
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    • pp.161-183
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    • 2018
  • The purpose of this thesis is to study the Korea's Education Foundation Act and Japan's Education Foundation Act in a comparative way. The frame of comparison consists of three dimension: syntax analysis, way of legal conceptualization, and the educational climate and institutionalization. Major findings are as following: 1. Legal subjectives are clear in Korea but not clear in Japan 2. Civil relationship rules Korean education while public legal order rules Japanese education. 3. Partnership rules Korean education while administrative initiative rules Japanese education. 4. Curricular mandate is given to teachers in Korean education while to administrative hierarchy in Japanese education. 5. Public nature of schools means public credential in Korean education while public monopoly in Japanese education. 6. Professionalism is adopted for Korean teachers while missionary perspective adopted for Japanese teachers. 7. Korean education is expected to be secular while Japanese education is expected to reconcile with the traditional religious belief in Japan 8. Develop education still strongly orients the Korean education while education for sustainable development the Japanese education In summary, civil law frame is adopted in Korean education while in Japan public law frame is adopted in legalizing their Education Foundation Act. National climate influenced the education legislation in the two countries. Japan has strong missionary climate while Korea has secular perspective to education. Thess differences colored the way of literary expression in the legal text of the Education Foundation Act in the two countries.

A Study on the Exploration of the School Arts & Culture Education Policy : Application of Cooper's Four Dimension Model (현행 학교 문화예술교육 정책의 맥락에 관한 탐색 연구 : Cooper 등의 4차원 정책분석 모형 적용)

  • Choi, Hyeon-Rak;Jang, Deok-Ho
    • Journal of Digital Convergence
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    • v.16 no.11
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    • pp.57-67
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    • 2018
  • The purpose of this study is to examine the issues of school arts & culture education policy in Korea, using the four dimensional model of Cooper, Fusarelli, & Randall(2004). Research method is literature analysis, the accumulated policy documents and academic papers were used as the basis data. As a result, the followings are required for effective policy outcome: From the normative dimension, overcoming the pursuit of national growth ideology and bureaucratic rationality; from the structural dimension, securing of practical forms and content through the reform to the teacher mandate system in curriculum operation; from the constituentive dimension, clear division of roles among members through the change of awareness about arts & culture education; and finally from the technical dimension, rational allocation of resources based on firm educational criteria. Building upon the results, promotion of basic academic research, accepting the opinions of arts & culture education parties concerned, expansion of opportunities for cultural art experience of teachers, building up the integrated arts & culture education teacher training system, the reorganization of the teacher training system, and raising the professionalism of teaching artists.

Mask-wearing Characteristics an COVID-19 in Indoor and Outdoor Environments in Seoul in 2020 (2020년 코로나바이러스감염증-19 유행 상황에서 서울시 다중이용 시설 및 실외에서의 마스크 착용 행태)

  • Kang, Sohyun;Guak, Sooyoung;Bataa, Altangerel;Kim, Donghyun;Jung, Youngdeok;Shin, Jiyoon;Lee, Kiyoung
    • Journal of Environmental Health Sciences
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    • v.46 no.6
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    • pp.750-756
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    • 2020
  • Objectives: After coronavirus disease 2019 (COVID-19) was declared a pandemic, the South Korean government announced guidelines on wearing masks to prevent its spread. The guidelines have changed depending on the severity of the spread of COVID-19. This study aimed to identify mask-wearing behaviours to counter the spread of COVID-19 in indoor and outdoor environments. Methods: The type of mask worn and proper wearing were observed in cafés, supermarkets, underground shopping malls, and streets in Seoul. Behavioral assessment was repeated in August at social distancing levels 1 and 2, in October at social distancing level 1, and in November after the mask mandates. Results: In August, 22.1% of subjects in cafés, 90.8% in supermarkets, 91.8% in underground shopping malls, and 83.6% on outdoor streets wore masks properly. In October, the proportion of correct wearers increased in all locations. After masks became mandatory in November, about 97% of users of supermarkets, underground shopping malls, and streets wore masks properly. In cafés, the proportion of proper wearers was 61.5% with both social distancing level 2 in August and the mandate in November. The number of KF-certified mask wearers continued to increase from August to November. Conclusion: This study investigated mask-wearing behaviors to counter COVID-19 through observations in indoor and outdoor places in Seoul. Mask-wearing behavior was different depending on the place and the government guidelines in place. The results could be used for evaluation of the current guidelines for COVID-19.

A Study on the Effectiveness of the Korean Government's Policy Intervention to Revitalize Venture Capital's Early-stage Investment (벤처캐피탈의 초기투자 활성화를 위한 정부의 정책개입 효과에 관한 연구)

  • Choi, Young Keun;Jeon, Seong Min;Lee, Seung Yong;Choi, Eun Ji
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.16 no.6
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    • pp.1-16
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    • 2021
  • The purpose of this study is to examine how the Korean government has intervened in the venture capital market so far and empirically investigate whether the government's policies on venture capital have stimulated venture capital's early-stage investment. To this end, this study classified the government's market intervention in the venture capital market by stage by studying the related literature and applying and analyzing the case in Korea. And, this study empirically analyzed the effectiveness of the Korean government's policy to revitalize the early-stage investment of venture capital, which is the most important purpose of government intervention. For empirical analysis, yearly data from 2004 to 2018 provided by the Korea Venture Capital Association and Korea Fund of Funds were analyzed using time series statistical analysis and macrodynamics. As a result of the case study, the Korean government has intervened in the venture capital market through direct investment for 25 years, and has been intervening through indirect investment for the next 18 years. As a result of time-series statistical analysis, the government's fiscal investment to increase the formation of venture capital funds and the increase in the ratio of special-purpose funds that mandate a certain percentage of early-stage investment increased the early-stage investment of venture capital. However, macrodynamics showed a trend in the opposite direction from this time series statistical analysis from 2016. In conclusion, this study interprets the trend in the opposite direction to the time series statistical analysis results as the government's erroneous regulation on the venture capital investment method and the recent lack of effectiveness of direct intervention through the government's indirect investment method. In addition, based on the results of case studies and empirical studies, this study made six policy proposals necessary for indirect government intervention.

Enhancing Global Research Visibility of Faculty Staffs by the Academic libraries in Public Universities in South East, Nigeria

  • Francisca C. MBAGWU;Judith S. NSE;Jacintha EZE;Ijeoma Irene BERNARD
    • International Journal of Knowledge Content Development & Technology
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    • v.14 no.2
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    • pp.29-46
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    • 2024
  • Academic libraries are at the forefront of supporting their parent institutions in teaching and learning, research activities, and community services for the students and faculty members, but, the researchers observed that some of the research emanating from faculty members in academic institutions particularly universities remains largely unknown, unrecognized and invisible on the global scene. This present paper is therefore a modest attempt towards addressing the issue of enhancing the faculty research visibility in the institutions of higher learning by the academic libraries. It also examines the extent academic libraries in public universities in Nigeria use research visibility channels to increase the global visibility of their faculty members. Difficulties encountered by librarians and ways of tackling the visibility of the faculty were also examined. A descriptive survey research design was adopted and the population consisted of all the 162 librarians in public universities in South-East (S.E), Nigeria. Telephone calls and Online Questionnaire were used for data collection. The number of librarians was obtained through phone calls from the Heads of each of the Libraries. The Online Questionnaire was submitted to the WhatsApp platforms of librarians in Nigeria- Academic and Research Libraries (ARL) and Chartered Librarians in Nigeria Connect (CLN-Connect). The questionnaire was structured in such a way that only the Librarians in Public universities in the S.E. Nigeria will respond to it. At the end of the day only 120 librarians responded, at a response rate of 74%. The study was analysed using tables, percentages and charts. The study recommended that librarians who are unaware of RVCs and its utilization should go for training to acquire the knowledge that will enable them enhance the global visibility of faculty staff, Management of Public universities in S.E, Nigeria should in addition to addressing copyright issues by the use of disclaimer notices and creative common licensing and provision of infrastructural facilities e.g. steady power supply, High power brand Internet connectivity, establishment of an Institutional Repository, etc, also should mandate the faculty staff to release their productive work to the library for onward submission to the RVCs platforms for enhancement of their global visibility.