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A Study on Comparison of Commercial Arbitration System in Korea and U.S.A. (한국과 미국의 상사중재제도에 관한 비교연구)

  • 이강빈
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.271-321
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    • 2002
  • Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

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Hospice Medicine and Nursing Ethics (호스피스의료와 간호윤리)

  • Moon, Seong-Jea
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.385-411
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    • 2008
  • The goal of medicine is to contribute to promoting national health by preventing diseases and providing treatment. The scope of modern medicine isn't merely confined to disease testing, treatment and prevention in accordance to that, and making experiments by using the human body is widespread. The advance in modern medicine has made a great contribution to valuing human dignity and actualizing a manly life, but there is a problem that has still nagged modern medicine: treatment and healing for terminal patients including cancer patients. In advanced countries, pain care and hospice medicine are already universal. Offering a helping hand for terminal patients to lead a less painful and more manly life from diverse angles instead of merely focusing on treatment is called the very hospice medicine. That is a comprehensive package of medical services to take care of death-facing terminal patients and their families with affection. That is providing physical, mental and social support for the patients to pass away in peace after living a dignified and decent life, and that is comforting their bereaved families. The National Hospice Organization of the United States provides terminal patients and their families with sustained hospital care and home care in a move to lend assistance to them. In our country, however, tertiary medical institutions simply provide medical care for terminal patients to extend their lives, and there are few institutional efforts to help them. Hospice medicine is offered mostly in our country by non- professionals including doctors, nurses, social workers, pastors or physical therapists. Terminal patients' needs cannot be satisfied in the same manner as those of other patients, and it's needed to take a different approach to their treatment as well. Nevertheless, the focus of medical care is still placed on treatment only, which should be taken seriously. Ministry for Health, Welfare & Family Affairs and Health Insurance Review & Assessment Service held a public hearing on May 21, 2008, on the cost of hospice care, quality control and demonstration project to gather extensive opinions from the academic community, experts and consumer groups to draw up plans about manpower supply, facilities and demonstration project, but the institutions are not going to work on hospice education, securement of facilities and relevant legislation. In 2002, Ministry for Health, Welfare & Family Affairs made an official announcement to introduce a hospice nurse system to nurture nurse specialists in this area. That ministry legislated for the qualifications of advanced nurse practitioner and a hospice nurse system(Article 24 and 2 in Enforcement Regulations for the Medical Law), but few specific plans are under way to carry out the regulations. It's well known that the medical law defines a nurse as a professional health care worker, and there is a move to draw a line between the responsibilities of doctors and those of nurses in association with medical errors. Specifically, the roles of professional hospice are increasingly expected to be accentuated in conjunction with treatment for terminal patients, and it seems that delving into possible problems with the job performance of nurses and coming up with workable countermeasures are what scholars of conscience should do in an effort to contribute to the development of medicine and the realization of a dignified and manly life.

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Seasonal Variations of Sedimentary Processes on Mesotidal Beach in Imjado, Southwestern Coast of Korea (한반도 서해남부 임자도 해빈 퇴적작용의 계절적 변화)

  • 류상옥;장진호;조주환;문병찬
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.9 no.3
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    • pp.83-92
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    • 2004
  • A continuous monitoring of textural characteristics of surface sediments, sedimentation rates and beach profile was carried out to investigate the seasonal variations of sedimentary processes in the Imjado beach, southwestern coast of Korea for two years. The beach profiles consist of steep beach face and relatively flat middle and low tide beaches. The slope of the beach face increases in summer and decreases in winter, in good accordance with the standard beach cycle. Ridge and runnel systems are well developed in the middle and low tide beaches during the summer, but these structures are replaced by mega-ripples during the winter. The sediments are fining southward as well as landward. The mean grain-size tends to be increasingly coarser during seasons of autumn and winter on the north beach and during seasons of winter and spring on the south one. In addition, the sediments are eroded on the north beach and accumulated on the south one as a whole. These are probably due to southward transportation of the sediments as long-shore current (NE-SW) runs around the coastal line of the beach. However, the seasonal variations in accumulation rates are very complex and irregular. It is considered that the Imjado beach represents in non-equilibrium state, as a result of coastal and submarine topographic changes by artificial agents and sea-level uprising associated with global warming.

A Study for New Paradigm Settlement on Business Security Management: Focus on Global Business (산업보안관리에 관한 뉴패러다임의 정립: 글로벌 비즈니스를 중심으로)

  • Yu, Hyung-Chang
    • Korean Security Journal
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    • no.39
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    • pp.355-386
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    • 2014
  • Current business environment asks the fundamental changes about business security. The essences of these changes are that the security management of today's global business is important task of managers and the security practitioner is professional who needs very specialized education and training with business thinking. Rapid process of globalization of global village tore down the business limit that was restricted on the geological areas' limitation. Rapid business environments' change that is driving depends on development of science and technology with globalization needs new paradigm to keep business continuity. With the process of globalization, Korea, which importance is gradually increasing in the national economy, has trade dependent economic system, which keeps power of national economy through trade, so Korean economic tendency is accelerating. To keep competitiveness in global market, new strategy that is different with existing domestic business management is necessary. That is, capacity of coping with outside risk in domestic business management is established in some degree, but business activities in foreign countries faces at numerous unexpected risks that differ from country to country such as difference with the custom, changes of corporate governance etc. To cope with these new risks effectively, new paradigm for business risk is necessary. Especially, flexibility of thinking like new paradigm is necessary to cope with new security risk effectively. To cope with security risk that occurs in the new business environment effectively and competes against international company in global market, company management and members' changes of cognition about security and innovative changes in security policy is necessary. In the basement of these changes, there is expansion of business security tasks, improvement of report line, enhancement of professionalism and status of security officers, variation of hands-on workers and increasing of investment to the security etc.

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A Study on the Problem of Insurance Terms Choice in the Marine Cargo Insurance Contract (해상적하보험계약(海上積荷保驗契約)에 있어서 보험조건선택(保險條件選擇)의 문제점(問題點)에 관한 고찰(考察))

  • Ra, Gong-Wu;Han, Sang-Hyun
    • Korean Business Review
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    • v.11
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    • pp.415-437
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    • 1998
  • On choosing insurance terms it would be a reasonable choice to choose insurance terms in proportion to how much risk is to be with considering of how much risk is exactly to be in a cargo's owner of his or hers as there are conditions such as a character of cargo, a packing condition, a loading ship, a shipping section, and a premium. But when we see on the present state of the statistical insurance table, the effects are entirely different from it stated above and these serious problems are of both the problem to prove who is on duty and the problem to cover how much the indemnity are to be. When we see a shipper as the insured, in the last 3 years that all risks has been more than 95 percent is to prove the reason mentioned above and there would be an intention for the shipper to transfer a claim for the indemnity to the insurer to evade from the complexity. Also when we see how much both I.C.C and New I.C.C is used, New I.C.C has been used less two times than I.C.C, that is due to the restriction of the scale of covering the indemnity. So both the introduction of trade clause as to insured in the same line of business and the positive application, taking into account of the principle of proving who is on duty and the scale of covering the indemnity, are to be accomplished.

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Analysis on the Characteristics of Academic Achievement of Middle School Students About 'composition of matter': Focusing on the Results of the National Assessment of Educational Achievement (NAEA) (중학생들의 '물질의 구성' 영역 학업성취 특성 분석 : 국가수준 학업성취도 평가 결과를 중심으로)

  • Baek, Jongho;Lee, Jae Bong;Choi, Wonho
    • Journal of the Korean Chemical Society
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    • v.66 no.2
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    • pp.136-149
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    • 2022
  • Chemistry focuses on explaining macroscopic phenomena at the microscopic level with particles, such as atoms or molecules. Explanation using particles are bound to be considered as abstract by students, because it was dealing with invisible objects. For that reason, the science national curriculum presented to middle school students the explanation of the units related to the composition of matter. Therefore, understanding about the composition of matter in middle school students becomes an important basis for learning of chemistry, and it is necessary to investigate their understanding about composition of matter. In this study, students' understanding about 'composition of matter' region, which is first presented to middle school students, was confirmed at an overall level. In this line, this study analyzed the results of the items in the composition of matter region, and analyzed items were used in the National Assessment of Educational Achievement (NAEA) from 2015 to 2019. We analyzed the 9 items presented in the NAEA according to the response rate of options and response rate distribution curve, and explained the characteristics of understanding derived by each achievement level were examined. According to the analyzed results by dividing the conceptions about elements, atoms, and ions, students above the proficient achievement-level had scientific conceptions overall, but students below the basic achievement-level had inconsistent or naive conceptions. Based on the results for each item, this study discussed some implications to be considered or to be improved on teaching-learning for 'composition of matter'.

A Study on the Establishment of Clinical Nurse Specialist (우리나라 전문간호사제도 개선방안에 관한 연구)

  • Byun, Young-Soon;Kim, Young-Im;Song, Mi-Sook
    • Research in Community and Public Health Nursing
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    • v.5 no.2
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    • pp.130-146
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    • 1994
  • Our medical care system is trying to diversify in order to meet the client's needs, and to adjust to a medical environment which is changing very rapidly. Because current nursing theory and practice focus on holistic care, health care management, education, and research, contrary to the traditional emphasis on only assisting a physician, more autonomy and specialization for the implementation of nursing are required. Considering these trends and actual needs, the category of clinical nurse specialist should be established as soon as possible. In order to develop strategies for implementing this new professional specialty, the authors conducted a field survey and literature review of the current system in Korea. As a result, various obstacles and constraints were discovered as follows : 1) There are few accredited educational programs for the training of CNS's. 2) Several hospitals already have staff designated as clinical nurse specialist (CNS) even though the term CNS is not yet standardized or adopted in nationwide. 3) The role of the CNS is not clearly understood by the medical societies, or even nursing societies. A nurse who works in specific nursing areas such as central supply, kidney dialysis, intensive care, coronary care, etc. for a long time, considers herself /himself a CNS. Based upon the above findings, the following alternatives are recommended. 1) The role of the CNS should be defined according to specified functions and authority : professional autonomy ; counselling and educating patients and their familes, nurses, and even other medical personnel ; research on improvement of nursing ; and management of the nursing environment including medical resources, information, and cases. 2) the qualification of CNS should be attained only by a nurse who has an RN license and clinical experience of more than 3 years in a specific nursing field: passes a qualifying examination; and contributes to the professional development of peers, colleagues, and others. A master's degree should only be optional, because of the insufficient of graduate programs which are well designed for the CNS. 3) The CNS should initially be a head nurse rather than line staff in order to deal with as wide an experience base as possible. 4) The nursing specialty could be divided into two areas such as a clinical field and a community field. The clinical field could then be categorized by the Styles' classification such as diseases and pathogenics, systems, ages, acuity, skills/techniques, and function/role ; the community field could be classified according to work site.

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Constitutional Legitimacy of the Maritime Cadet Training System : Justifiable Restrictions on the Cadet's Fundamental Rights at the College of Maritime Science of the KMOU (해사대학 승선생활교육의 헌법상 기본권제한에 관한 연구 - 한국해양대학교 해사대학을 중심으로 -)

  • Lee, Sang-Il;Yoo, Jin-Ho;Choi, Jung-Hwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.5
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    • pp.430-443
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    • 2016
  • This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

A STUDY ON THE COSTUME REPRESENTED IN CLAY FIGURES HWANGSUNG-DONG BURIAL TOMB (경주황성동고분출토(慶州隍城洞古墳出土) 토용(土俑)의 복식사적의미(服飾史的意味))

  • Koo, In-Sook
    • Journal of the Korean Society of Costume
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    • v.13
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    • pp.21-37
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    • 1989
  • In May 1987, 11 clay icons and other stone products were excavated in an abandoned ancient tomb which was located in 541-1 Hwangsung-dong, Kyungju. 6 clay figures of them were depicted realistically man's features and postures, costume at that time that they gave a lot of significance to the fields of Korean Costume's Academic Society. The main purpose of this thesis is to study the background of costume history when it was made and its formal characteristics with the study of those 6 clay figures. Shilla accepted the customs and attires of Sui and T'ang by means of frequent in coming and out going Chinese envoy as well as Shilla's envoy, monks, hostages, and students in China. From that period, the diversity of Shilla's costume began to develop by introducing Tang's style into Shilla's costume. Crested hat of men's clothing of the clay figures in Hwangsung- Dong is Bokdu Men's figure II wore Bokdu which Hugak is attached to Byunhyung. The garment is a Po and it is a tight sleeve and silhouette's Banryungpo. The horizontal line of hemline of men's figure 1 can be presumed by expression of Ran though it is not as accurate as the clay figues in Yongg-ang-Dong. As for torso part 1, it can not be known the style of the crested hat because the head part was damaged, but it were shoes, belt and common sleeve, Banryungpo on tight sleeve shirt and tight trouser. The hair style of the women's clothing in Hwangsung-dong clay figure is Bukkye peculiar to Korea. The costume was slim silhouette that people wore tight sleeve and short blouse and long skirt and belted on their bosom which dresses style was in vogue from late Sui dynasty to the early years of the Tang period. The silh ouette of slim silhouette's high waist which can be seen in the women's dresses is mainly worn by Chinese and affected Shilla's costume. Therefore the dresses style of the clay figures in Hwagsung-Dong, it is considered it is a dresses style of tight sleeves and slim silhouette together with the adaptation and abolition of foreign elements on the basis of Shilla's own elements like Bukkye hair style and tight sleeve and silhouette. The style of Yonggang-Dong's clay figures expresses spherical gei and common sleeve, loose silhouette of flourishing Tang's costumes planly whereas the style of Hwangsung-Dong's clay costumes expresses refined spirit of the Shilla(Shillaism) though it is extremly simple.

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The 1997 Asian Economic Crisis and Changes in the Pattern of Socioeconomic Differentials in Korean Fertility (IMF 외환위기와 사회경제적 차별출산력의 변화)

  • Kim, Doo-Sub
    • Proceedings of the Population Association of Korea Conference
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    • 2006.12a
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    • pp.59-87
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    • 2006
  • This paper explores the effects of the 1997 economic crisis on the pattern of socioeconomic differentials in fertility. Based on analysis of data from the 2003 Korea National Fertility Survey, this study focuses on recent changes in the level of fertility according to socioeconomic status of the couple including educational level, occupation, working status, income, etc. Results reveal that the level of fertility of those with the highest education, most prestigious occupation, and employer status are higher than those of the next group in the socioeconomic hierarchy. These findings imply that the straight line inverse pattern of socioeconomic differentials in CEB yielded to a reversed J-shaped curve. However, recent differentials of fertility after the economic crisis were found to contrast with the pattern above. Decrease in fertility has been most drastic among those with a high level of fertility, and relatively slow for those with a low level of fertility. The level of recent fertility turns out to be highest among those with upper-middle socioeconomic status, followed by those with the highest socioeconomic status and those with the lowest status. Policy implications and some comments on current population policies of the Korean government are also presented in this paper.

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