• Title/Summary/Keyword: Procedural Justice

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The Protection of Criminal Victims and the Improvement of Relevant Laws (범죄피해자 보호와 관련한 법률의 개선방안)

  • Song, Kwang-Soub
    • Korean Security Journal
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    • no.13
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    • pp.235-258
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    • 2007
  • Every crime involves a victim and an offender. The offender, from the start of the criminal investigation, is considered as a suspect. After prosecution, he/she becomes the accused, and under consitutional law and criminal procedural law, has the right to enforce the contests of the acts. On the other hand, the victim or his/her family, despite being the person harmed, has very few and comparatively weak rights. To overcome this problem, the Korean criminal justice has recently recognised 'the protection and support of the victim' as a major proposition, and the police as well as the prosecutor's office have been releasing improvement plans for the protection of victims. Setting the above as the background, this thesis deals with the current victim protection acts and discusses the methods to improve them. This study will investigate a more reasonable and effective method of victim support and protection. Currently korea's laws regarding victim protection are not satisfactory, however it is fitting to say that it is certainly an external outline of what it should be. This has been due to the enforcement and creation of 'criminal victim protection' and has acted as a key to more improvements ever since. Despite this, the lack of commitment in human and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure. Despite this, the lack of commitment in human resources and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure.

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Selective Arbitration Agreement in the multitiered Dispute Resolution Clause (선택적 중재합의와 단계적 분쟁해결조항)

  • 장문철
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.263-302
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    • 2003
  • Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

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A Study on the Effects of Employee Value Proposition and the Importance of Job Rotation on the Subjective Career Success (호텔 종사원의 직원가치와 직무순환 중요도가 경력성공에 미치는 영향 연구)

  • Kwon, Na-Kyung;Kim, Hye-Lin;Lee, In-Jee
    • Culinary science and hospitality research
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    • v.19 no.3
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    • pp.291-304
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    • 2013
  • This study analyzed the effects of Employee Value Proposition (EVP) and the impotance of a job rotation system on the subjective career success. The total 379 samples were surveyed from employees engaging in domestic hotel enterprises located in Seoul using convenient sampling method. The result of this research is as followings. First, EVP has total 5 factors('career development,' 'affiliation,' 'work environment,' 'work content' and 'pay & reward') and job rotation has total 3 factors('individual capacity improvement,' 'procedural justice,' and 'career development'). Second, the results of hypotheses test using a series of multiple regression analysis indicate that EVP factors including 'career development,' 'affiliation,' 'work environment,' and 'work content' influence subjective career success. However, EVP factor of 'pay & reward' does not influence subjective career success. Similarly, EVP factors excluding 'pay & reward' affect a job rotation system. Lastly, a job rotation system positively affects subjective career success. Based on the analysis results, we could draw the importance of the non-financial reward instead of financial reward in the perception of employees' subjective career success. As a research implication, the importance of the creative organization culture was suggested in the conclusion section.

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A Study on Job Satisfaction of Records Managers (기록물관리 전문요원의 직무만족도에 관한 연구)

  • Yoo, Hyeon Gyeong;Kim, Soojung
    • The Korean Journal of Archival Studies
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    • no.47
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    • pp.95-130
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    • 2016
  • The job satisfaction of records managers is of importance because it affects their work performance and retention. The purpose of this study is to investigate records managers' job satisfaction and to identify factors affecting records manager's job satisfaction to find the way to improve their job satisfaction. Specific questions of the study are as follows: 1) What is the job satisfaction of records managers? 2) Are factors affecting job satisfaction different depending on record managers' personal characteristics? 3) What are the most influential factors on job satisfaction? To do that, questionnaires were used to gather data from 60 domestic records managers working in different types of records centers. Data analyses included descriptive statistics, one-way ANOVA, independent t-test, and multiple-regression analysis. Additionally, interviews with 2 record managers were conducted to collect opinions on factors affecting job dissatisfaction and recommendations for improving their job satisfaction. Important findings of the study are as follows: First, the respondents are moderately satisfied with their jobs (3.2 out of 5 points). The level of job satisfaction is different depending on years of career, years of employment, number of personnel the respondent is working with in the records center, and etc. The number of personnel the respondent is working with was found to be the most influential factor. Second, multiple-regression analysis result shows that motivation factors(satisfaction factors) are more influential than hygiene factors (dissatisfaction factors) on the respondents' job satisfaction, which confirms Herzberg's two factor theory. More specifically, 'work ethic,' one of motivator factors, has the greatest influence, followed by 'procedural impartiality', 'communication', 'job characteristic', 'distributive justice', and 'working conditions.' Based on the results, this study suggests several ways to improve record managers' job satisfaction level. First, the awareness of records management should be increased. The respondents indicated that their job dissatisfaction is usually derived from a lack of the awareness of records management. Therefore, every chief of organizations, National Archives of Korea, and records managers themselves should try to raise the awareness of records management. Especially, records managers should make stronger efforts to attract the office's attention. Second, records managers ought to establish their identity as records management profession. Also, they should participate in various activities of the archival community to overcome the limitation of individuals.