• Title/Summary/Keyword: Refusal

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Recognition and Enforcement of Foreign Arbitral Awards in Japan: Conventions, National law and Refusal of Recognition and Enforcement (일본법상 외국중재판정의 승인집행 -적용법규와 승인집행거부를 중심으로-)

  • Kim, Eon-Suk
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.25-46
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    • 2010
  • In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

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Subjectivity of Parents in Refusal of Childhood Vaccination: A Q-methodology Approach (자녀 예방접종 거부 부모의 주관성: Q 방법론적 접근)

  • Cha, Hye-Gyeong;Ha, Eun-Ho
    • Child Health Nursing Research
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    • v.19 no.3
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    • pp.216-227
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    • 2013
  • Purpose: Despite the well-known public health benefits of vaccination, increasing public concern about the safety of childhood vaccinations has led some parents to refuse or hesitate having their children immunized. The purpose of this study was to identify the subjectivity of parents toward refusal of childhood vaccination. Methods: Q-methodology, in which subjective viewpoints are explored and analyzed using a combination of quantitative and qualitative techniques, was used. Thirty-five participants were asked to rank 42 statements on diverse issues of childhood vaccination according to a continuous 9-point scale ranging from -4 for strongly disagree to +4 for strongly agree. Collected data was analyzed using the PC-QUANAL program. Results: The results revealed three discrete groups of parents in the refusal of children's immunization: type I, distrust; type II, concern about side effects, and type III, belief that vaccinations are unnecessary. Conclusion: Special nurse counselors who can provide correct information about vaccination based on the three types should be part of the government policy. Customized education programs to shift viewpoints should be also redeveloped according to the results in this study.

Cardiac Surgery of Jehovah`s Witness (여호와의 증인에 대한 개심술)

  • 나찬영
    • Journal of Chest Surgery
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    • v.25 no.6
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    • pp.645-649
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    • 1992
  • Jehovah`s Witnesses who require cardiac operations represent a challenge to surgeon because of the patients` refusal to accept blood transfusion, We report a 6 year period, ending May, 1991 with a consecutive series of 25 Jehovah`s witnesses. Patients ranged in age from 11 months to 61 years. All operations were performed during cardiopulmonary bypass with bloodless priming, No patient received any blood or blood products during hospitalization. Perioperative mortality was 2 paients[8%]. We conclude that if we performed the cardiac surgery with careful operative technique and various blood conserving procedures, we can do the bloodless open heart surgery with relatively safety.

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Effect of Self-efficacy Promoting Reducing Alcohol Program on Drinking related Knowledge, Drinking Outcome Expectancy and Problematic Drinking Behavior of Women College Students (자기효능증진 절주프로그램이 음주 여대생의 음주관련 지식, 음주거절 자기효능, 음주결과기대 및 문제음주행위에 미치는 효과)

  • Park, Gyung;Choi, Soon-Hee
    • The Journal of the Korea Contents Association
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    • v.15 no.9
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    • pp.364-373
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    • 2015
  • Purpose: The purpose of this study was to identify the effect of self-efficacy promoting reducing alcohol program on drinking related knowledge, drinking refusal self-efficacy, drinking outcome expectancy and problematic drinking behavior of women college students over 8 scores of AUDIT-K. Methods: Data were collected from 22 students with intervention program in the experimental group and 24 students with no intervention program in the control group and analyzed using ${\chi}^2$, t-test and ANCOVA. Results: The Drinking related knowledge(F=14.33, p<.001) of experimental group was significantly higher than that of control group and the optimistic drinking outcome expectancy(F=18.28, p<.001), and problematic drinking behavior(F=5.57, p=.003) of experimental group were significantly less than those of control group. Conclusion: it is recommended that college students should receive this program to prevent and reduce their drinking behaviors.

Trends Analysis of Suicidal Poisoning in Korea- Comparison before and after the IMF Crisis and the Economic Recession (IMF와 경기침체 전후 음독자살 환자에 대한 분석 -1997년부터 2004년까지 일개 대학병원 응급센터 연구조사를 중심으로-)

  • Lee Won Jae;Park Kyu Nam;Choi Seung Pil;Lee Mi Jin
    • Journal of The Korean Society of Clinical Toxicology
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    • v.3 no.1
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    • pp.33-39
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    • 2005
  • Purpose: Nowadays the Korean society is in the center of time of the social change. Because of dissociation of traditional family, IMF (International Monetary Fund) crisis and economic recession, the mortality rate of suicidal attempts are increasing annually. The majority of suicidal attempts were by poisoning considering the characteristics of korean society. Therefore we studied to find out the characteristics of suicidal poisoning before and after social economic stress, and to suggest the direction for the proper management. Methods: We reviewed medical records of 547 patients of suicide by poisoning who visited the emergency medical centers of St. Mary's hospitals from 1997 to 2004. For the annual trends analysis, we analyzed the demographic and toxicologic data of these patients compared with before and after IMF crisis (1998) and the economic recession ($2003\~2004$). Results: At the time of IMF and the economic recession, the number of suicidal poisoning increased, especially in fifth decade. The refusal rate of toxicological emergency treatment increased. Also the mortality rate and the admission rate to ICU (Intensive Care Unit) increased during the same period. In the result of the comparison analysis, clinical severity and mortality of social problem group were higher. However they couldn't be treated appropriately because of financial problem and the family indifference. Conclusion: At the economic recession period, the severity of suicidal poisoned patients was high. But the refusal rate of toxicologic treatment also increased, so the patients had lost the chance for proper toxicologic treatment. Therefore they would be supported by medical institution and public health.

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The Effect of Media Richness, Social Presence, and Life Satisfaction on Continuance Usage Intention or Withdrawal Intention of SNS Users via Relative Deprivation (매체 풍요도, 사회적 존재감 및 생활 만족도가 상대적 박탈감을 통해 SNS 이용자의 이용 지속 의도 또는 이탈 의도에 미치는 영향)

  • Lee, Un-Kon
    • Journal of Distribution Science
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    • v.14 no.10
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    • pp.165-178
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    • 2016
  • Purpose - This study aims to empirically verify the impact of media richness, social presence, and prior life satisfaction on various continual usage or withdrawal behaviors of SNS users via both a positive path of satisfaction and a negative path of relative deprivation. By identifying these causal paths, we observe dynamic interactions of SNS user psychology in a balanced view, and provide some implications about design principles for SNS providers. Research design, data, and methodology - We developed 16 hypothesis based on media richness theory, social presence theory, social comparison theory, the literature about relative deprivation, and the literature about the various reactions of IS users. The rich SNS media, social presence recognition among peer SNS users, and prior life satisfaction could generate positive experience, attitude, and virtuous behavioral intentions among SNS users. At the same time, rich media, low social presence, and low prior life satisfaction could generate relative deprivation and could increase withdrawal behavioral intentions such as refusal to provide information, misrepresentation of information, and removal of uploaded information in SNS. Scenario surveys were conducted to collect data from potential SNS users. Data from 357 surveys were collected and analyzed through a PLS algorithm to test the hypotheses. Results - Media richness, social presence, and prior life satisfaction could significantly increase perceived enjoyment, satisfaction, and behavioral intention of continual usage and knowledge sharing. They also could significantly decrease refusal and misrepresentation intention. Relative deprivation is significantly decreased only by prior life satisfaction. Relative deprivation could not significantly decrease satisfaction, but it could significantly increase misrepresentation and removal intention, which could be regarded as information distortion intention. Conclusions - SNS providers should focus on developing rich media and social presence support because these two variables could impact the positive experiences of SNS users. Moreover, the positive experiences could heavily influence SNS user behavior. Some management is needed to prevent relative deprivation and its consequences of misrepresentation and removal intention. SNS providers should prevent SNS users from excessive image misrepresentation and removal as this information distortion could be the source of relative deprivation.

Factors Influencing the Alcohol Consumption Behavior of Adolescents (청소년 음주행위 영향요인)

  • Ann, Jung-Sun;Kim, Hee-Kyung;Choi, Eun-Sook
    • Research in Community and Public Health Nursing
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    • v.14 no.1
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    • pp.55-65
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    • 2003
  • Purpose: The purpose was to investigate the factors influencing the alcohol consumption behavior of adolescents to provide basic data for a nursing intervention program to improve health management and prohibit alcohol consumption. Method: The subjects were 306 university students, living in K city in Chungnam province from April 1 to 20th, 2002. The instruments used were the alcohol consumption behavior scale, that is the drinking intensity score, and developed by Shin(1998)'s scale of drinking problem, refusal self-efficacy scale by Aas et. al.(1995), alcohol expectancy by Goldman et. al. (1989), TPQ scale by Cloninger(1991), depression scale by Zung(1974), family cohesion scale by Olson et. al. (1983). The data were analyzed using descriptive statistics, Pearson correlation coefficient, t-test, ANOVA, and stepwise multiple regression by using SPSS & SAS program. Results: The multiple regression analysis revealed that the most powerful predictor of alcohol consumption behavior was the influence of friends (drinking everyday) (17.0%). A combination of alcohol expectancy (8.0%), influence of friends (4.0%), father's influence (2.0%), depression(2.0%), refusal self-efficacy (1.0%), personality of harm avoidance(1.0%), and monthly pocket money (2.0%) accounted for 38.6% of the variance in alcohol consumption behavior. Conclusion: From the results, we recommend to use the database that develops nursing intervention program for decreasing the alcohol consumption behavior including the influencing factors in university students.

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Repertoire of Selection and Communication of Refusal "Annyeongdeul Hasipnikka?" and Communication Theory of Niklas Luhmann (선택의 토대와 거부의 소통 안녕들 하십니까 현상과 루만의 체계 이론적 커뮤니케이션)

  • Kim, Young-Bin;Han, Hye-Kyoung;Kim, Moo-Kyu
    • Korean journal of communication and information
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    • v.71
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    • pp.224-249
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    • 2015
  • The main purpose of this paper is to account for the so-called "Annyeongdeul Hasipnikka?" communication in terms of Niklas Luhmann's communication theory. The communication theory of Niklas Luhmann which is constructed on the basis of the system theory is, despite its complexity, effective to shed light on many unique communicative phenomena. To understand the thematic diversity and ceaseless conjunction as the obtrusive characteristics of the "Annyeongdeul Hasipnikka?" communication the adoption of the system-theoretical communication theory is required. Unlike Habermas's the theory of communicative action highlighting the consensus as decisive goal of communication, Luhmann maintains that the proliferation through diversification and persistence of communication even through refusal are also the communicative elements for its operation. This paper tries to demonstrate the uniqueness of "Annyeongdeul Hasipnikka?" communication by virtue of the system-theoretical perspective.

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Research on Classist Theories of Subject in Negri-Hardt and Rancière : Multitude and Demos (네그리-하트와 랑시에르의 계급론적 주체 이론에 대한 연구 : 다중(Multitude)과 데모스(Demos)를 중심으로)

  • Seo, Yong-soon
    • Journal of Korean Philosophical Society
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    • v.142
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    • pp.121-143
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    • 2017
  • This research aims at examining two classist theories of the subject, elaborated by Negri-Hardt and $Ranci{\grave{e}}re$. Negri-Hardt proposed a new subject of the multitude, established by immaterial/biopolitical labor. This subject marks a new constitution of the proletariat which is the subject of Marxist politics. Like the proletariat, the multitude is established by economic objectivity. The democracy of the multitude becomes possible through the production of the 'common'. Economical elements always dominate the subject itself and subjective politics. The subject of the demos, established by Ranciere, is a party which claims its share in the dominating order of power. It is a subject subtracted from the logic of domination. The demos, therefore, is the subject which is constituted at the moment of the refusal of the established order and the place distributed. This refusal means a kind of subjectivity that transforms the dominating order. Then we take demos as the proper political subject subtracted from economical objectivity.

A Study on the Refusal of National Examination for Medical Students: Focusing on the Signaling Game Theory (의과대학생 국가시험 거부 사태에 대한 고찰: 신호게임 이론을 중심으로)

  • Hyeon, Seung Hyo;Kim, Da Young;Lee, Min Kyu
    • Health Policy and Management
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    • v.31 no.4
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    • pp.479-490
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    • 2021
  • Background: Conflict in the medical world in 2020 led to the rejection of the national examination for doctors. This study explained the process until the end of the national test refusal situation triggered in 2020 through the signaling game theory. The government has succeeded in requiring medical students to take the national exam. Methods: To explain the rejection of the national examination, we first compose and show an example of two small non-signaling games where medical students know which type the government is of, then combine them to play a signaling game. Results: The behavior of the government and medical students was examined through the signaling game model. In the context of the coronavirus disease 2019 (COVID-19) pandemic, the government makes an ultimatum, whatever the type. And the medical students accept it. They judged that the government could not be expected to abolish the policy. If COVID-19 had not occurred, medical students would have been able to continue the confrontation. Conclusion: The government instilled in the other party the perception that the government would not bend its policies because it was the surly type and would not be afraid of a strong confrontation. Through the image created in this way, the government was forced to accept the ultimatum by medical students. Academically, this study is to deal with the policy-making process through the signaling game theory. In the area of health care policy, this study suggests that various situations such as the type of government or the spread of COVID-19 can become important in addition to the rationality of the policy itself.