• Title/Summary/Keyword: Private Mediation

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Settlement of Private Commercial Disputes under the FTA (FTA하에서의 사적 상사분쟁의 해결)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.3-32
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    • 2007
  • This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

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Effect of Image, Trust and Responsiveness of Social Welfare Organizations on Continuing Sponsorship of Private Donors: Focusing on Mediation Effect of Organizational Identification and Moderation Effect of their Financial Status (사회복지조직에 대한 이미지, 신뢰성, 반응성이 개인 기부자의 후원지속성에 미치는 영향: 조직동일시의 매개효과와 경제형편의 조절효과를 중심으로)

  • Lee, Won-June
    • The Journal of the Korea Contents Association
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    • v.15 no.8
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    • pp.258-270
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    • 2015
  • The study aims at verifying the effect of the image, trust and responsiveness to social welfare organizations on continuing the sponsorship of private donors, the mediating effect of the organizational identification and the moderating effect of their financial status. As a result of causal analysis of the variables by structural equation models, regardless of donors' financial status, social welfare organizations' image, trust and responsiveness has no direct effect on continuing the sponsorship. Among the donors in relatively good financial status, social welfare organizations' image, trust and responsiveness positively have direct effects on organizational identification, which has a direct effect on continuing the sponsorship. That is, the image, trust and responsiveness influence the continuity of the sponsorship through the full mediating effect of organizational identification. On the other hand, among relatively poor donors, only the organizations' image and trust positively influence the organizational identification, The direct and indirect effects on the continuity of the sponsorship are different according to the private donors' financial status, which means that the moderating effect of the donors' financial status is proved. The result of latent mean analysis regarding 5 main latent variables according to the private donors' financial status, shows the significant difference in the continuity of sponsorship only(Mean= .197, Cohen's D=.779). By emphasizing that Organizational identification is a critical factor in terms of enhancing the continuity of sponsorship, some practical implications are discussed based on the study's findings.

Verification for Structural Modeling between Servant and Transformational Leadership, Organizational Citizenship Behavior, and Organizational Performance of Private Security Organizations (민간경비 조직의 서번트・변혁적 리더십, 조직시민행동, 조직성과 간의 구조모형 검증)

  • Jung, Sung-Sook
    • Korean Security Journal
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    • no.57
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    • pp.205-230
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    • 2018
  • The purpose of this study is to examine the structural model between servant - transformational leadership, organizational citizenship behavior and organizational performance of private security organizations. The security guards working in private security companies in Seoul and Gyeonggi - do were selected as population, random sampling method. The survey was conducted from September 1, 2016 to November 30. Accoridng to the purpose of the study, this study conducted factor analysis(EFA/CFA), reliability analysis, convergence and discriminant validity analysis, and covariance structure analysis using SPSSWIN 21.0 and AMOS 21.0. The conclusions of this study are as follows. First, servant leadership has a positive (+) effect (${\beta}=.406$) on organizational citizenship behavior statistically at .001 level. Second, transformational leadership has a positive (+) effect (${\beta}=.373$) on organizational citizenship behavior statistically at .001 level. Third, organizational citizenship behavior has a positive (+) effect (${\beta}=.615$) on organizational performance statistically at .01 level. Fourth, servant leadership does not affect the organizational performance statistically (${\beta}=.211$). Fifth, transformational leadership does not affect the organizational performance statistically (${\beta}=.058$). Sixth, organizational citizenship behavior has statistically positive (+) mediation effect (${\beta}=.249$) in the relationship between servant leadership and organizational performance. Seventh, organizational citizenship behavior has statistically positive (+) mediating effects (${\beta}=.230$) on the relationship between transformational leadership and organizational performance. Innovation and Improvement of National Emergency Management System in Korea.

The introduction of a criminal case arbitration on premise the civil and commercial arbitration (민상사(民商事) 중재제도(仲裁制度)를 전제(前提)로 한 형사중재제도(刑事仲裁制度)의 도입방안(導入方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.93-119
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    • 2009
  • Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

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Dispute Resolution by e-ADR for e- Trade in the Northeast Asia (동북아 e-Trade 활성화를 위한 e-ADR에 의한 분쟁해결에 관한 연구)

  • 최석범;박종석;정재우
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.185-220
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    • 2003
  • Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.

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A Study on the 'In-between Space' of the Traditional Residential Space in Korea and Japan - Focused on Spatial Characteristics and Sociocultural Roles - ($\cdot$일 전통 주거공간의 '중간영역'에 관한 연구 - 공간적 특성과 사회문화적 역할을 중심으로 -)

  • Park Hyung-Jin;Park Se-Jung;Kim Moon-Duck
    • Korean Institute of Interior Design Journal
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    • v.14 no.3 s.50
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    • pp.84-94
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    • 2005
  • The purpose of this study is to establish the identity of the traditional residential space in Korea and Japan as analyzing the spatial characteristics and sociocultural roles of the 'in-between space' shown in their traditional dwelling space. Although they share culture area, it is meaningful to clarify the identity of both countries with many differences as the point of localization In globalization and the point of presenting the current and future directions of residential culture in both countries. Records and field studies have been carried out for the spatial characteristics and the sociocultural role focused on Ma-dang and Dae-chung in case of the 'in-between space' in Korean traditional dwellings and Inner housing, Doma, and Engawa in Japan. According to these findings, the spatial characteristics in common between Korea and Japan are open, half-open, separation, mitigation, integration, variation, continuation, hierarchy, mediation, and expansion. The 'in-between space', built by the separate Chae and Kan, of Korean traditional dwellings shows the separation by closed walls and the exclusive use by the fixed walls. In case of Japan, the integrated in-between space built by the separation of Kan shows open and connective tendencies and the variableness of walls has the tendency making ambiguous space with spatial softness. The sociocultural role of the 'in-between space' in Korean traditional dwelling space functions as the mitigation between the interior and exterior of the house as well as the male and female. Because the conception for protecting the private life is too weak, the sociocultural role of the 'in-between space' in Japanese traditional dwelling space seldom forms the space for an individual or the specific person among family. The space to welcome a guest functions as the mitigation between residents and outsiders as it is located in the inside of the private dwelling space.

The Structural Relation Among Relation Marketing, Relationship Quality and Long-term Business Intention for Bank PB Customers (은행 프라이빗뱅킹(PB) 고객을 위한 관계마케팅, 관계의 질 및 장기적 거래의도 간의 구조적 관계)

  • Jhang, Ho
    • The Journal of the Korea Contents Association
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    • v.19 no.4
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    • pp.63-78
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    • 2019
  • The objective of this study is to verify the effects of private banking(PB) relation marketing on relationship quality between bank and customer and long-term business intention and to verify the mediating effect of the relationship quality. The subjects of this study were 431 PB customers in Seoul. The questionnaire data were utilized for verification of hypotheses through structural equation model analysis. As a result of verification, PB relation marketing presented a statistically significant positive correlation with relationship quality between bank and customer. The PB relation marketing showed a significant positive effect on the long-term business intention with the mediating effect of the relation quality. Finally, the result of this study is meaningful in a point of view of PB relation marketing of bank on the relationship quality and long-term business intention. It is worthwhile to verify the mediation effect of the relationship quality.

Who Should Control the Integrated Management System for Sewerage Facilities in the Upper Reaches of Multi-Purpose Dams in Korea?

  • Park, Kyoo-Hong;Kim, Hyung-Joon
    • Environmental Engineering Research
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    • v.15 no.2
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    • pp.99-103
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    • 2010
  • Integrated management systems (IMS) that control entire sewerage facilities in the upper reaches of multi-purpose dams are being constructed for their efficient operation and management. However, because the IMS installed in a watershed belong to several local government bodies, significant conflict would be expected between stakeholders in the process of deciding who should control the IMS after completion of the construction that was initially implemented under the support of central government. The objective of this study was to suggest a decision making to determine who should control the IMS for sewerage facilities in the upper reaches of multipurpose dams in Korea, using the analytic hierarchy process (AHP). Three alternatives were selected to determine who should control the IMS for sewerage facilities: commissioning to public corporations, commissioning to private corporations, and a role-sharing partnership. In using the AHP technique, the emphasis was on comparing public interests, economics, efficiency, sustainability, specialty, grievance mediation and receptiveness. As a result, building a role-sharing partnership received the highest score. Commissioning to a special institute was also suggested as an alternative as this showed a score similar to that of building a role-sharing partnership.

Contingency Model to Increase the Uptake of Higher Education Graduates in the Job Market

  • TRISNANINGSIH, Sri;SUTRISNO, Sutrisno;PERMATASARI, Yani;HENDRA, Failasuf Herman;SULISTYOWATI, Erna
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.4
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    • pp.197-203
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    • 2020
  • This study investigates graduate competencies that can improve the uptake of higher education graduate outcomes in the working environment in Indonesia. This research was conducted by collecting data through sending questionnaires directly by the research team, via courier, or via postal service to respondents. A survey with questionnaire is carried out on April 2019, and the data from 117 respondents was analyzed. The sample population was all private higher education in the area of the I-XIV Higher Education Service Institution in Indonesia. This study employs factor analysis and structural equation modelling. The results show that the Graduates' competencies had a significant direct effect on the uptake of higher education graduates in the job market. The indirect effect of a Diploma Supplement and networking as mediation has a level of influence that is higher than the direct effect of graduate competence on the uptake of higher education graduate outcomes in the job market. The findings suggest that the Diploma Supplement and networking can increase the uptake of higher education graduates in Indonesia as expected by stakeholders and be able to compete in the global or international scale of environmental working. The professionalism of lecturers has a significant influence on the quality of learning.

Mediation Effect of Motivation and Immersion for Learning in the Relation between Tutor and Learning Effectiveness of Cyber Home Learning

  • Baek, Hyun-Ki;Kang, Jung-Hwa;Ha, Tai-Hyun
    • Journal of Digital Convergence
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    • v.7 no.1
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    • pp.137-147
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    • 2009
  • The main purpose of cyber home education in public sector is to promote public education and restrain expensive private education expenses. The primary purpose of this study is to explore the effects of motivation, immersion and tutor on the effectiveness of cyber home learning. The variables of motivation, immersion and tutor participation were incorporated in this study as follows: 1) tutor participation was classed as a single independent variable, which has interaction and also effects passion; 2) motivation and 3) immersion were classed as two mediatory variables: motivation which include relevance and confidence; and immersion which includes attention and controllability. 4) learning effect was classed as a single dependent variable of learning influence factor which has learning attitude and learning satisfaction. The results show that a tutor had a direct influence on the effects of the learners' study but motivation and immersion had an indirect influence on the effects of learners' study independently. Based on these findings a tutor should provide motivation and immersion with various learning methods and contents for learners to get maximum benefits from cyber home learning.

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