• Title/Summary/Keyword: Public Character

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An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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A Study of the History of Korean Public Library after the Korean Liberation Day - An Emphasis on the influence of public Libraries System under the Japanese Imperialism- (광복이후 한국 공공도서관사 연구 -일제하 공공도서관제도의 영향을 중심으로-)

  • Kim Po Ok
    • Journal of the Korean Society for Library and Information Science
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    • v.20
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    • pp.65-125
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    • 1991
  • The study has tried to analize and appraise how did public library system under the Japanese imperialism affect the establishment and managemant of Korean public libraries. To achieve the purpose of the above-mentioned study, the contents of $\ulcorner$Japanese library statute$\lrcorner$ under Japanese imperialism and the current $\ulcorner$Korean library law$\lrcorner$ have been mutually compared, at the same time, the vestiage of Japanese imperialism in view of the establishment, personnel administration and reading systems have been concretely investigated, analyzed and compared. The conclusions obtained from the above are as followings. 1. In those days of the Korean Liberation, the situation of Korean public libraries was such as it under the Japanese rule and so, their names were only changed. However, as a part of its independent activities, the national library have once carried out the various programs such as the training of professional librarians, the establishment of the new classification schedule and the chief Librarian and deputy Librarian from the professional librarians in the office regulations, and they were well worth being the good examples for today's Korean library circle. Though the Goverment of the Republic of Korea had been formally established, the situation of the library circle was very dull owing to the Korean war for a long time. In 1963, $\ulcorner$The Korean library law$\lrcorner$ was promulgated, but the establishment of public libraries did not give satisfactory results because of the institutional fragility. In the 1980's the importance of library was embossed from the viewpoint of life-long education and the number of libraries was increased. However, there were still the remaining vestiges of Japanese library system in the practical library services. 2. After the Korean Liberation, the influnces of public library system under the Japanese imperialism showed in the office regulation of national library and the Korea library Law were also in the legal mechanism. In particular, the regulations of $\ulcorner$The staff-member of public library$\lrcorner$ and $\ulcorner$Admission fee of public library$\lrcorner$ including the chief librarian have referred to the library system under the Japanese imperialism since the liberation day to date. 3. At that time of the Korean Liberation, the U.S.Military Government Office had decided that the public library administration should be attached to the administration of local and internal affairs in accordance with the Japanese administative system. As a result, the public libraries had been forced to be indirectly affected by public library system under the Japanese imperialism for twenty years since the Liberation. 4. Since the Liberation, the personnel adminstration of public library has been so far on the steps of model under the Japanese imperialism. As the result of the field survey, the position standards of local chief librarians, non-professional character, the extra post system and the preponderant appointment of non-professional offices have analyzed by the influence of Public library system under the Japanese imperialism. Therefore, the Government authorities-concerned must readjust the standards of qualification and the divided duties corresponding to the position of public library staff members and to stipulate expressly in the revised library law. In addition, the regulation of the admission fee should be also actively detected for the free adminssion of library users. 5. Since the Liberation Day, the reading methods of public library have been so far similar to reading method under the Japaness imperialism. For example, the admission fee levied, the complicated procedures of using books including entrance and exit of a library, no-admission system, the limited lending books, the deposit system of outdoor lending books and the surety liable jointly and severally are originally caused by bureaucracy of under the Japanese imperialism. Therefore, the public libraries should make an offer space and opportunities which can enjoy freedom to the gull in future. The procedures and standards of library users will be simplified, if possible. As the above-mentioned, the actual conditions of Korean public libraries have been examined and analyzed. As the result of it, there are still the remaining vestiges of public library system under the Japanese imperialism in the establishment and management of the nation-wide public libraries. Such the remnants are an obstacle to the democratic development of public libraries and so, the authorities-concerned should take the proper-measures as soon as possible.

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The Change of Industrial Structure and Public Interest as to the Convergence of Broadcasting and Telecommunications (방송통신 융합에 따른 산업구조의 변화와 공익성)

  • Joo, Chung-Min
    • Korean journal of communication and information
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    • v.36
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    • pp.109-132
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    • 2006
  • It is difficult to found the concept of public interest properly, being ambiguous to distinguish media and service as to the convergence of broadcasting and telecommunications. Accordingly, it is necessary to found the concept of public interest not related to the character of media and service in the age of digital convergence. Therefore this study intended to re-found the concept of public interest, as to industrial changes in the age of convergence of broadcasting and telecommunications. The convergence of broadcasting and telecommunications causes the changes of value chain, which includes contents, platform, network, terminal. It could not help avoiding modifying the industrial structure of broadcasting and telecommunications, because of the changes of value chain. The changes of industrial structure needs the changes of ideology, regulatory policy, regulatory system, and it creates the foundation of new regulatory idea. The purpose of regulatory idea in the age of digital convergence is to practice public interest, and it is an ultimate purpose to increase consumers' welfare. Consequently, for increasing comsumer' welfare, it is necessary to achieve diversity, fairness, objectivity, the preservation of social value in the aspect of contents. Also in the aspect of platform, it is necessary to achieve the protection of privacy, consumer protection, harmful information blocking, and in the aspect of network, it is necessary to achieve the maintenance of secure network, fair competition. Finally, in the aspect of terminal, it is necessary to achieve the maintenance of compatibility, the solution for digital divide. Then regulatory policy of each value chain from a legal and institutional perspective, should be promoted to provide public interest, step by step.

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Analysis on the Key Factors of Entrepreneurship Education for Public Technology Commercialization : Focusing on the Performance of Korean I-Corps Project (공공기술 사업화를 위한 창업교육의 핵심요인 분석 : 한국형 아이코어 사업성과를 중심으로)

  • Lee, Won-Cheul;Choi, Jong-In;Choi, Tae-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.22 no.1
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    • pp.159-170
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    • 2021
  • As the main purpose of R&D changes from the center of knowledge creation to the center of economic value creation through technology transfer and commercialization, public technologies can also secure economic feasibility as well as make a social contribution. Korea has been focusing on fostering core human resources who can lead the commercialization of basic and original research results by launching the 'Support project for exploring startups linked with public technology-based markets' since 2015 in order to promote public technology startup. This study is based on the results of a survey for the purpose of analyzing the performance of this project. In addition, this study derived four factors related to the I-corps project performance from the results of this survey and verified the relationship between these factors through structural equation model analysis. In summary, it was confirmed that 'Application Level' and 'Business Model,' which are positively affected directly from 'Entrepreneurship Learning,' have positive effects on 'Financial Resources'. Furthermore, the indirect effect of 'Entrepreneurship Learning' on 'Financial Resources' was verified. In particular, the high level of impact of 'Entrepreneurship Learning' on 'Application Level,' and the impact of 'Application Level' on 'Business Model' and 'Financial Resources' were also positive.

A Reconsideration of Christian Democratic Civility in the New Normal Era (뉴노멀 시대의 기독교 민주적 시민성 재고)

  • Bong, Won Young
    • The Journal of the Korea Contents Association
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    • v.20 no.12
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    • pp.567-581
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    • 2020
  • While Coronavirus (COVID-19) is popular all over the world, democratic citizenship is strongly highlighted as a factor that has enabled the Republic of Korea to successfully prevent it. Democratic citizenship can also be understood as a civility, which means respecting the individual's individuality, value and freedom, but at the same time pursuing common good based on healthy relationships with others in the community. It is true that despite the need for modern Christianity to practice this civility more gracefully and politely in the public sphere, some churches and Christians have failed to show it during the Corona crisis. Under these circumstances, this study made the following suggestions for the realization of communality through the practice of democratic citizenship beyond the privatization of modern Christianity. First, Christianity needs recognition as a public church and theological establishment of it. Second, modern Christianity needs to recognize the importance of a network society and practice public good more than ever. Third, modern Christianity should be able to provide a new lifestyle for the development of public character in the community. So the New Normal-era church should be able to restore its original churchlikeness by having a Christian identity and communicating gentlemanly in the public domain.

A Study on the set-up of Time Range for Typology of Space Observation Characters (공간주시특성의 유형화를 위한 시간범위설정에 관한 연구)

  • Kim, Jong-Ha;Jung, Jae-Young
    • Korean Institute of Interior Design Journal
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    • v.21 no.4
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    • pp.87-95
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    • 2012
  • This study is for the analysis to which element of space the users observing the lobby at a public space pay more attention for their visual perception. It is focused on the typology process of observation characters. The subjects, in the observation process, came to be interested in the circumstantial clues for space perception and the detailed characters drawing their interest. I could analyze the observation characters of the subjects observing the space by the comprehension and typology of their observation characters. First, from the viewpoint of successive 9 times of observations, each subject observed for 0.32 second to get the visual perception in the applied space, but spent another 0.39 second for the exploration of another observation object or the space roaming. The observation character of the subjects at the lobby of the public space selected for this experiment was that they spent more time on space exploration than on concentration on a point in the space. Second, I analyzed the typology process through the time range. Since the subjects' frequency varied depending on the way to set up the time range, the necessity was proposed that the time range for the analysis of observation characters should be set up more objectively. Third, in case of analyzing the observation characters by 10-second-unit time range, the concentration in the beginning and the middle was 25%, and that in the beginning and the final 41.7%, which showed that 75% of the subjects concentrated in the beginning of the observation time when the concentration in the beginning is added to it. Fourth, the type 3 categorized as "concentration in the beginning and the middle" is the group 47.1 percent of the subjects belong to, and each subject concentrated 1.1 times in the beginning and 2.1 times in the final, which showed that the concentration in the final was 1.75 times as high as that in the beginning.

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Regional Disparity of Cardiovascular Mortality and Its Determinants (지역별 심뇌혈관질환 사망률의 차이 및 영향요인)

  • Kang, Hyeon Jin;Kwon, Soonman
    • Health Policy and Management
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    • v.26 no.1
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    • pp.12-23
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    • 2016
  • Background: Many studies have explained regional disparities in health by socioeconomic status and healthcare resources, focusing on differences between urban and rural area. However some cities in Korea have the highest cardiovascular mortality, even though they have sufficient healthcare resources. So this study aims to confirm three hypotheses. (1) There are also regional health disparities between cities not only between urban and rural area. (2) It has different regional risk factors affecting cardiovascular mortality whether it is urban or rural area. (3) Besides socioeconomic and healthcare resources factors, there are remnant factors that affect regional cardiovascular mortality such as health behavior and physical environment. Methods: The subject of this study is 227 local authorities (si, gun, and gu). They were categorized into city (gu and si consisting of urban area) and non-city (gun consisting of rural area), and the city group was subdivided into 3 parts to reflect relative different city status: city 1 (Seoul, Gyeonggi cities), city 2 (Gwangyeoksi cities), and city 3 (other cities). We compared their mortalities among four groups by using analysis of variance analysis. And we explored what had contributed to it in whole authorities, city and non-city group by using multiple regression analysis. Results: Cardiovascular mortality is highest in city 2 group, lowest in city 1 group and middle in non-city group. Socioeconomic status and current smoking significantly increase mortality regardless of group. Other than those things, in city, there are some factors associated with cardiovascular mortality: walking practice(-), weight control attempt(-), deficiency of sports facilities(+), and high rate of factory lot(+). In non-city, there are other factors different from those of city: obesity prevalence(+), self-perceiving obesity(-), number of public health institutions(-), and road ratio(-). Conclusion: To reduce cardiovascular mortality and it's regional disparities, we need to consider differentiated approach, respecting regional character and different risk factors. Also, it is crucial to strengthen local government's capacity for practicing community health policy.

A Study on TV Historical Drama Costumes Design after 2000s (2000년 이후 TV사극의상 디자인 연구)

  • Chae, Keum Seok;Kim, Eun Kyoung
    • Journal of the Korean Society of Clothing and Textiles
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    • v.40 no.1
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    • pp.158-170
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    • 2016
  • This study analyzes historical drama costumes as a domain of popular culture through an examination of the changing process, factors, and design characteristics of historical drama costumes according to trend changes in historical dramas after the 2000s. Public interest in Korean traditional clothing has grown due to the historical drama fever. Research results are as follows. First, historical dramas are divided into: authentic historical dramas, popular dramas, and fusion dramas. Historical drama costumes show characters' status and roles to help viewers become absorbed in dramas and increase understanding the historical periods and knowledge. Second, the characteristics of TV historical drama costumes (according to changes of the historical dramas according to 2000) brought diversification as they are diversified by period, genre, and character and costumes which are suitable for them additionally resurfaced. Third, as for the design characteristics by type in TV historical costume after 2000s, authentic historical dramas' design was done by comparatively in-depth historical research based on historical materials to help public understand the past. Popular historical drama costumes are based on history, but the forms of costumes were emphasized (or exaggerated); in addition, colors, subjects, and patterns were modified to emphasize image beauty, dramas' atmosphere, and characters by reflecting intention. The fusion of historical dramas' costumes attracted the attention of the public about Korean designs that harmonized tradition with modernity to actively reflect current trends in past periods and show new types of creative design.

A Study on the Character of Observation Time in order to Draw the Features of Spatial Primacy Effect - Focus on the Public space - (공간의 초두효과 특성 도출을 위한 주시시간특성에 관한 연구 - 공공공간의 로비를 대상으로 -)

  • Kim, Jong-Ha
    • Korean Institute of Interior Design Journal
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    • v.21 no.6
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    • pp.137-146
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    • 2012
  • This study introduced the concept of Primacy Effect for the analysis of the observation characters by time so as to analyze the characters of information which the users observing the lobby in a public space get when they encounter the space. From the viewpoint that the first impression on any space can motivate the judgement of space and continuous activities, the time range with the observation characters which can be regarded as Primacy Effect was analyzed in the aspects of continuity and saccade. First, with the case of alignment by time on three times of continuous observation, the perception attributes of subjects were shown to be very different among one another depending on which time range was applied for alignment. Second, the subjects with low average value of continuous observation times were found to be relatively stable in "ii~iii time ranges" and the time range of "0~5.10 seconds" was known to be the time range of relatively stable analysis for the characters of subjects' primacy effect to be analyzed. Third, the change of the amount of acquired information could be examined concretely through the analysis of observation attributes by time range, and the time range of "iii time range" showed more stable changing characters than other time ranges. Fourth, in the "iii time range" set up as a proper time range for the analysis of primacy effect had higher average value of 3.9 times of observation frequency compared with 6 times of continuous observation. As a grand average, 6 times(19.3) of average observation value was between 3 times(21.3) and 9 times(16.9), which enabled to set up 6 times of continuous observation as the number of observation times for stable analysis of primacy effect.

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A Study on the Job Training in Small and Medium Firms (중소기업(中小企業)의 직장훈련(職場訓練)에 관한 연구(硏究))

  • Shin, In-Soo
    • Korean Business Review
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    • v.9
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    • pp.99-121
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    • 1996
  • On the job training is useful : a part of on the job training has increased the marginal productivity of future and rate of wage. Investment in a human capital depends on character of investment and market conditions. The innovation role of small and medium firms has recently received increasing attention in newly industrializing countries as they attempt to transform their industries from labor intensive to technology intensive. It also suggests some implications to the small and medium firms' strategies and public policies accelerating research and development. Lack of qualified scientists and engineers often inhibits the small and medium firms' ability to access and assimilate external technical information. Such technical personnel are particularly scarce in NICs. Therefore, how to employ these technical staff should be an important issue for small and medium firms seeking to acquire distinctive competences. Small and medium firms must invest further education and training to its labor.

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