• Title/Summary/Keyword: Mediation code

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A Global Trend on the Accreditation for Mediators - Focused on the U.S. and European Countries - (조정인 인증제에 관한 국제적 동향 - 미국 및 유럽 국가들을 중심으로 -)

  • YI, LORI
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.121-142
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    • 2017
  • A study on the global trend of accreditation for mediators implies many important aspects of controlling of the quality of mediation. Firstly, whether or not having an accreditation system, most European countries and the U.S. have a common understanding on the fact that mediators need to be trained to mediate disputes, apart from their own expertise on the subject matters. Secondly, private-led accreditation has been utilized in countries having a Anglo-American law system such as the United Kingdom and the U.S. a while nation-managed one has been operated in the countries having a continental law system such as Austria, Belgium, Italy and Germany. Thirdly, private mediation service providers (usually institutions or companies) play an active role in the training and accreditation of mediators and further make them act as mediators in the disputes referred to them. Fourthly, the countries having a nation-managed accreditation system usually stipulate a certain mediation training and accreditation requirement by law. Fifthly, there is no uniform trend on the minimum hours of training required for accrediting the mediators. Sixthly, mediation training generally focuses on the practical mediation capacity-building, including mediation theory and role-playing, mediation simulations, peer review and supervision. And finally, the mediation theory mainly includes the role of mediator, mediation procedures, mediation communication, negotiation and communication skills, mediation ethics and mediator's code of conduct, etc.

Effect of National Pension Service's Shareholding Ratio on Firm Value: Focusing on Stewardship Code Implementation and R&D Expenditure (국민연금의 소유지분비율이 기업가치에 미치는 영향 연구: 스튜어드십 코드 도입과 R&D 투자를 중심으로)

  • Daehyun Cho;YoungJun Kim
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.3
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    • pp.779-787
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    • 2023
  • In the relationship between the shareholding ratio of National Pension Service (NPS) and the investee firm's value, this study examined the mediating effect of R&D expenditure which its increase can indirectly induce the increase of firm value, and examined the moderated mediation effect of the Stewardship Code implementation which pressures investee firms' to increase R&D expenditure and firm value. Using the Korean listed companies' data from 2016 to 2021, the analysis showed that the R&D expenditure had a partial mediation effect on the relationship between NPS's shareholding ratio and firm value. Also, the analysis showed that the NPS's Stewardship Code implementation had positive moderating effects on following relationships, one between NPS's shareholding ratio and R&D expenditure, and the other between NPS's shareholding ratio and firm value. In all, on the relationship between NPS's shareholding ratio and firm value, the R&D expenditure's mediation effect differs before and after the implementation of the stewardship code, which shows the moderated mediation effect.

A Study on the Characteristics of Mediation in Fashion Culture Contents Found in Transmedia - Focusing on Modern Fashion since the 20th Century - (트랜스미디어에 나타난 패션 문화 콘텐츠의 매개특성 연구 - 20세기 이후 현대 패션사를 중심으로 -)

  • Kim, Hyangja
    • Journal of the Korean Society of Costume
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    • v.67 no.4
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    • pp.131-152
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    • 2017
  • The purpose of this study is to analyze modern fashion culture in the 20th century through changes in transmedia in order to better understand characteristics of fashion contents. The study also strived to identify the characteristics of remediation in modern fashion and media by exploring the cultural code, and use it to establish an integrated view. The subjects and the method of the study are as follows. First, the study analyzed the development of transmedia and fashion culture since the 20th century. Second, it identified the transitional characteristics of transmedia. Third, the study analyzed the characteristics of remediation in modern fashion culture by using the characteristics of mediation, which appeared with the transitional characteristics of transmedia. The study results are as follows. First, the types of remediation are 'borrowing,' 'Representation,' 'Expansion,' 'Refashion,' and 'Absorb.' In old and new media, each type can be aesthetically experienced in 'transparency,' opaqueness,' 'Hypermediacy,' and 'Immediacy.' Second, fashion culture can undergo a transformation from its original form to a second and a third iteration, and this process allows for possibility of an expansion of multiple plots and well-rounded character settings. This opens up the possibility for fashion consumer participation, and signifies a transition into an environment where expansion of time and space is possible. The third finding is the non-mediation of fashion objects. The mediating relationship between clothes and media is directly connected to the development of new media. The immersion of new media by fashion consumers has the characteristics of 'transparency'/'Non-mediation,' and the reinterpretation and reproduction of original fashion styles have the characteristics of 'opaqueness'/'Hyper-mediation.' Fourth, fashion culture has data variability. Through 'Borrowing,' 'Representation,' 'Expansion,' 'Remodeling,' and 'Absorption,' the cultural hierarchy of reproduced fashion forms a multi-layered integrated network. Mediation code, which repurposes fashion culture contents, also creates new media fashion through transmedia.

Structural Equation Modeling Using R: Mediation/Moderation Effect Analysis and Multiple-Group Analysis (R을 이용한 구조방정식모델링: 매개효과분석/조절효과분석 및 다중집단분석)

  • Kwahk, Kee-Young
    • Knowledge Management Research
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    • v.20 no.2
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    • pp.1-24
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    • 2019
  • This tutorial introduces procedures and methods for performing structural equation modeling using R. To do this, we present advanced analysis methods based on structural equation model such as mediation effect analysis, moderation effect analysis, moderated mediation effect analysis, and multiple-group analysis with R program code using R lavaan package that supports structural equation modeling. R is flexible and scalable, unlike traditional commercial statistical packages. Therefore, new analytical techniques are likely to be implemented ahead of any other statistical package. From this point of view, R will be a very appropriate choice for applying new analytical techniques or advanced techniques that researchers need. Considering that various studies in the social sciences are applying structural equations modeling techniques and increasing interest in open source R, this tutorial is expected to be useful for researchers who are looking for alternatives to existing commercial statistical packages.

Virtuality in Digital Fashion Images (디지털 패션영상에 나타난 가상성 연구)

  • Kim, Hyang-Ja;Kim, Young-Sam
    • Journal of the Korean Society of Clothing and Textiles
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    • v.39 no.2
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    • pp.233-246
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    • 2015
  • Focus on Digital Fashion Image, the conceptual framework for the thesis is established from Virtuality in Digital Art. Formative characteristics and aesthetic characteristics were studied by classifying the Digital Fashion Image applied and expressed by digital media and technology. A detective research method was used for a case study. A literature study for case-by-case data was analyzed with focus on the works expressing fashion that utilized digital media and technology since the 2000s. Through this study, the Digital revolution has created the socio-cultural impact of a Virtual representation to implement technology and fashion culture that finds ways to take advantage of the image shown in a Digital Fashion Media by understanding Virtuality. The results are as follows. First, it was a re-formation of the fashion culture through the experience of virtuality with mental zone parameters between the media 'Mediation Code'. Reflect the reality of the virtual environment as represented by a cultural image of fashion brands and fashion that reset the team relationship and formed a Homo Ludens cultural code. Second, 'Interactive Exchange' acts on the exchange interaction between the method of digital technology, the human and the machine as well as the technical interoperability of network elements and techniques. This exchange is applied to fashion images that express emotion. Forming personalized fashion items and the user interactively storage that expresses the interactive exchange to forward the identity of the emotional fashion by a change in the message delivery system fashion. Third, the emphasis on intuitive artistic expression 'Synesthesia Immersion' induces a sense of immersion and excitement through the fusion of the interconnected. Enhance a visual image in fashion sensory representation and maximize a tactile and visual virtual reality involvement.

Arbitration Agreement through Standardized Terms and its Validity (약관을 통한 소비자중재합의와 그 유효성)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.111-132
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    • 2014
  • Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

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The Impacts of Technology Transfer on Productivity Growth of Firms based on Malmquist Productivity Index

  • Han, Jaeseung;Kwon, Youngkwan;Lee, Sang-Yong Tom
    • Asia pacific journal of information systems
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    • v.26 no.4
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    • pp.542-560
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    • 2016
  • This study determines whether or not firms can achieve high productivity growth through external technology acquisition. It also identifies the key factors affecting adopting firms' productivity growth by employing the Malmquist productivity index (MPI) methodology, which features computational ease, low data dependency, and decomposition of productivity growth into technical efficiency change and technical change. Results showed that the effects of productivity growth arising from technology transfer became stronger over time. Moreover, patent transfer guaranteed firms' productivity growth, but no evidence was found that factors such as age and size could increase productivity. Finally, cultural similarity could be another factor conditioning the effectiveness of technology transfer in the productivity of adopting firms.

Refactoring Effectiveness Analysis for Software Quality Enhancement : using AIS Mediation Server Program (소프트웨어 품질 향상을 위한 리팩토링 효과 분석 : AIS 중개 서버 프로그램을 대상으로)

  • Lee, Seo-Jeong;Lee, Jae-Wook;Hwang, Hoon-Kyu;Lee, Jang-Se
    • Journal of Navigation and Port Research
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    • v.36 no.5
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    • pp.363-370
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    • 2012
  • Recently, International Maritime Organization has been developing e-navigation implementation strategy plan, which is focused on various services for vessel safety navigation. Then, different kinds of software will be developed in maritime area and with this, the quality issues are to be expected becoming more important. In this paper, we adopt software refactoring techniques to reduce the complexity of structure on source code level. It makes software program more effective to understand and modify, without any change of outward behavior. The existing AIS broadcast server program is used as an example for our trial, and calculating coupling and cohesion metric are introduced to analyze the refactoring effect, taking account of the maintainability of IEC/ISO9126 software quality standards.

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.