Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)
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- Journal of Arbitration Studies
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- v.14 no.1
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- pp.273-314
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- 2004
There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.
In Korea, there is a growing competitive for water resources between industrial, domestic and agricultural consumer, and the environment as many other OECD countries. The demand on water use is also affecting aquatic ecosystems particularly where withdrawals are in excess of minimum environmental needs for rivers, lakes and wetland habits. OECD developed three indicators related to water use by the agriculture in above contexts : the first is a water use intensity indicator, which is expressed as the quantity or share of agricultural water use in total national water utilization; the second is a water stress indicator, which is expressed as the proportion of rivers (in length) subject to diversion or regulation for irrigation without reserving a minimum of limiting reference flow; and the third is a water use efficiency indicator designated as the technical and the economic efficiency. These indicators have different meanings in the aspect of water resource conservation and sustainable water use. So, it will be more significant that the indicators should reflect the intrinsic meanings of them. The problem is that the aspect of an overall water flow in the agro-ecosystem and recycling of water use not considered in the assessment of agricultural water use needed for calculation of these water use indicators. Namely, regional or meteorological characteristics and site-specific farming practices were not considered in the calculation of these indicators. In this paper, we tried to calculate water use indicators suggested in OECD and to modify some other indicators considering our situation because water use pattern and water cycling in Korea where paddy rice farming is dominant in the monsoon region are quite different from those of semi-arid regions. In the calculation of water use intensity, we excluded the amount of water restored through the ground from the total agricultural water use because a large amount of water supplied to the farm was discharged into the stream or the ground water. The resultant water use intensity was 22.9% in 2001. As for water stress indicator, Korea has not defined nor monitored reference levels of minimum flow rate for rivers subject to diversion of water for irrigation. So, we calculated the water stress indicator in a different way from OECD method. The water stress indicator was calculated using data on the degree of water storage in agricultural water reservoirs because 87% of water for irrigation was taken from the agricultural water reservoirs. Water use technical efficiency was calculated as the reverse of the ratio of irrigation water to a standard water requirement of the paddy rice. The efficiency in 2001 was better than in 1990 and 1998. As for the economic efficiency for water use, we think that there are a lot of things to be taken into considerations to make a useful indicator to reflect socio-economic values of agricultural products resulted from the water use. Conclusively, site-specific, regional or meteorogical characteristics as in Korea were not considered in the calculation of water use indicators by methods suggested in OECD(Volume 3, 2001). So, it is needed to develop a new indicators for the indicators to be more widely applicable in the world.
Since mechanical security systems are mostly composed of electronic, information and communication devices, they have effects in the aspects of overall social environment and crime-oriented environment. Also, the importance is increasing for wireless recognition of RFID and tracing function, which will be usefully utilized in controlling the incomings and outgoings of people/vehicles or allowance, surveillance and control. This is resulting from the increase in the care for the elderly according to the overall social environment, namely, the aging society, and the number of women entering, as well as the increase in the number of heinous crimes. The purpose of this study is to examine the theoretical considerations on ubiquitous sensor network and present a direction for securities companies for their development by focusing on the technological and application areas. To present strategies of response to a new environment for security companies, First, a diversification strategy is needed for security companies. The survival of only high level of security companies in accordance with the principle of liberal market competition will bring forth qualitative growth and competitiveness of security market. Second, active promotion by security companies is needed. It is no exaggeration to say that we are living in the modern society in the sea of advertisements and propaganda. The promotional activities that emphasize the areas of activity or importance of security need to be actively carried out using the mass media to change the aware of people regarding security companies, and they need to come up with a plan to simultaneously carry out the promotional activities that emphasize the public aspect of security by well utilizing the recent trend that the activities of security agents are being used as a topic in movies or TV dramas. Third, technically complementary establishment of ubiquitous sensor network and electronic tag is needed. Since they are used in mobile electronic tag services such as U-Home and U-Health Care, they are used throughout our lives by forming electronic tag environment within safe ubiquitous sensor network based on the existing privacy guideline for the support of mobile electronic tag terminal commercialization, reduction in communication and information usage costs, continuous technical development and strengthening of privacy protection, and the system of cooperation of academic-industrial-research needs to be established among the academic world and private research institutes for these parts.
The utilization of generative AI in the medical field is also being rapidly researched. Access to vast data sets reduces the time and energy spent in selecting information. However, as the effort put into content creation decreases, there is a greater likelihood of associated issues arising. For example, with generative AI, users must discern the accuracy of results themselves, as these AIs learn from data within a set period and generate outcomes. While the answers may appear plausible, their sources are often unclear, making it challenging to determine their veracity. Additionally, the possibility of presenting results from a biased or distorted perspective cannot be discounted at present on ethical grounds. Despite these concerns, the field of generative AI is continually advancing, with an increasing number of users leveraging it in various sectors, including biomedical and life sciences. This raises important legal considerations regarding who bears responsibility and to what extent for any damages caused by these high-performance AI algorithms. A general overview of issues with generative AI includes those discussed above, but another perspective arises from its fundamental nature as a large-scale language model ('LLM') AI. There is a civil law concern regarding "the memorization of training data within artificial neural networks and its subsequent reproduction". Medical data, by nature, often reflects personal characteristics of patients, potentially leading to issues such as the regeneration of personal information. The extensive application of generative AI in scenarios beyond traditional AI brings forth the possibility of legal challenges that cannot be ignored. Upon examining the technical characteristics of generative AI and focusing on legal issues, especially concerning the protection of personal information, it's evident that current laws regarding personal information protection, particularly in the context of health and medical data utilization, are inadequate. These laws provide processes for anonymizing and de-identification, specific personal information but fall short when generative AI is applied as software in medical devices. To address the functionalities of generative AI in clinical software, a reevaluation and adjustment of existing laws for the protection of personal information are imperative.
Under the full consideration of the growing need and importance of population education in the field of home economics in Korea, the study was carried out to verify and assess the following facts on the current issues of population education of home economists who are presently engaging in teaching professions as the teachers of middle and high school and professors of college and universities by setting its primary objectives of the study as followings; 1) to assess the degree of general knowledge and attitudes of home economists toward population education in the field of home economics, 2) to verify the problems encountered in implementing population education by home economists in its field, 3) to find an existing status of previous trainings received and other activities of population education of home economists aimed at utilizing these findings as a part of reference materials when the population education is conducted in the field of home economics. In order to attain these objectives described above, the questionnaire was carefully designed to house a total of 40 questions with good combination of multiple-choice and the simple answer questions. The mail questionnaire survey was conducted by establishing teachers of home economics at middle/high schools and college/universities as Senior Home Economists(SHE) who are from public, private liberal arts and vocational schools. The rate of response observed during the survey was 45.6 percent and the findings of the survey research are as follows: 1) Examining the status of the respondents by residence and religion, it was found that 45 percent of middle & high school teachers ar.d 59. 1 percent of college professors are residing in Seoul city area and that the largest percent of them are christian in their religion. Analyzing respondents by their ages, 56 percent of middle/high school teachers are in their 30s, 45 percent of college professors are in their 40s, and 37 percent of college teachers are in their 30s. In addition, 13 percent of the total respondents are found to be unmarried. The study also revealed that 71 percent of the college professors finished Master Degree course and 82 percent of middle/high school teachers are graduated from college level lasting 4 years. Looking over the status cf major fields of respondents, 68.4 percent of middle/high school teachers are specialized in home economic education and the college professors, on the other hand, show relatively even prortion by specializing in the order of food & nutrition science, clothes & textile science and home managerial science. As far as the length of teaching experience is concerned, a relatively longer period of teaching experience is observed in the college professors in comparison with that of middle/high school teachers. In other words, 33.3 percent of middle/high school teachers are experienced in teaching from 6 to 10 years on average while 43.9 percent of college professors show more than 16 years of experience. 2) Examining the status of existing number of children cf the respondents, one boy and one daughter pattern is predominant, showing 28.5 percent in middle/high school teachers and 21.1 percent in college professors. As for the desired number of children of unmarried respondents, it is observed that 43.8 percent of middle/high school teachers desire to have one boy and one girl, and 31.3 percent of college professors want to have one child regardless of the sex. By assessing the degree of awareness of the population education through their students, it is observed that 53 percent of middle/high school teachers and 50 percent of college professors are aware of population education in some extent and that a majority of respondents took the positive attitudes toward an inclusion of family planning components into the formal school education. Another noteworthy to observe is that a total of 84.8 percent out of middle/high school teachers pointed that the population education currently conducted at schools as a part of home economics are less sufficient than it should be. 3) Analyzing the tendency as to whether the respondents were experienced in receiving population education during the time when they were students, 75 percent of college professors and 59 percent of middle/high school teachers responded negative answers in the survey. In the mean time, a total of 50 percent of the respondents replied that they began to acknowledge the importance of population education mainly through the participation of some sort of population-education orientend seminars, experienced by 40 percent of college professors and 80 percent of middle/high school teachers. 4) What it calls attention in this study was to find that 96.5 percent of middle/high school teachers and 72 percent of college professors conduct population education to some extent during their lecture hours and that more than 80 percent of them are never experienced in teaching population and family planning contents in their regular classes. It is, on the other hand, found that no more than once was the response of those who believe themselves that they are experienced in teaching these relevant components to their students. Analyzing the contents of the subjects being taught in the class, a large percent of them are found to be consisted of population and family planning contents. According to this study, the current population education through the formal school is quite inactive. Analyzing the facts, 44.9 percent of the college professors responded that the population and family planning components are quite apart from their specialization which eventually generates lack of interest in the field. 5) It is also noticed through the study that the degree of frequency of commenting on population and family planning contents during the classes was depending significantly on their specializations which means that the degree of frequency varies from a major to another. Those who majored in home managerial science was the first one, as compared to others who majored in different specializations. Glancing over the status of correlations between ages of the respondents and numbers of seminar paticipation, it is quite clear that the aged group participated more than the younger group did, and that the most highest number of participations made by college professors were those who are in 50s. In addition, it is also found that those who are aged 20s and 60s of the respondents were the group who comments least on the contents of population and family planning at their classes. The suggestions and recommendation made through this survey research are as follows. 1) No one denies that the rapid increase of population, as compared to the limited size of land and resources, will certainly affect adversly to an enhancement of individual life quality which will, eventually, bring forth the poverty of the nation. This is the reasson why we are insisting that the world population be controlled up to an optimum level with a matter of global concerns. It is our understading that the primary aim for reducing number of population is believed to be attained only by conducting the systematic and comprehensive population education through the formal schools. Therefore, the role of home economists in the field of population/family planning education is considered very importment due to the fact that an ultimate goal of population education is placed in elevating the quality of family life by having optimum number of children through family planning program. 2) It is quite clear that home economists as teachers of formal school in all level are invited to pay their attention on redefining the ultimate goal of education and that of population education. We also understant that the primary objective of population education is to change the norm and value of the clients by replenishing the students with pertinent knowledge and attitudes on population and its related problems through a sort of education in order to attain the ultimate goal for enhancing the quality of life. There is no exception in the theory of home economics. An altimate goal of home economics is to elevate the general quality of life through an establishment of value existed in daily life. Considering the relations between population education and home economics, it is quite indespensable to bandle population components as an integral part in the field of home economics. We believe, therefore, that the senior home economists positive participation in the effort population control is more needed than it has been. 3) It is also strongly urged that population education should be a part of instructor training course for home economics. In other words, the teacher of home economics should be well aware of population and its problems by teaching interrelationship between population education and home economics, needs, contents and methods of population education during the instructor training courese for home economics. In addition, the senior home economists should be encouraged through positive participation on the short term training by types of domestic and international seminar, workshop, etc. 4) We certainly believe that the population education can not sustain itself without any backing-up of information and findings' of various and comprehensive researches of natural and social sciences. Accordingly, every senior home economist is invited to exert their maximum effort to conduct systematic study with an aim to utilize these findings and information at best in population education in the field of home economics. Therefore, we consider that the development of training material is imminent in order to provide effective and efficient population education through the for training of home economies. It should be noted that these training materials must be carefully designed, tailored and developed to meet the different classes of trainees under the considerations as to whether it is easily adaptable and infusable into the curricula of every field of home economics, and it is acceptable in the degree of difficulty and quality in its contents. 5) It is true that there are many domestic and international research rapers, reports and findings in the field of population education and family planning. However, there is a tendency that the most of research papers are heavily relying on the authors intension and preferences in its expression and publication. Under these circumstances, it is urged that the home economists should aware of the growing need of the technical training in order to keep these available information and research findings reprocessed and redesigned to insure the practical application into the population education in the field of home economics in Korea.
This project was a service-cum-research effort with a quasi-experimental study design to examine the health benefits of an integrated Family Planning (FP)/Maternal & Child health (MCH) Service approach that provides crucial factors missing in the present on-going programs. The specific objectives were: 1) To test the effectiveness of trained nurse/midwives (MW) assigned as change agents in the Health Sub-Center (HSC) to bring about the changes in the eight FP/MCH indicators, namely; (i)FP/MCH contacts between field workers and their clients (ii) the use of effective FP methods, (iii) the inter-birth interval and/or open interval, (iv) prenatal care by medically qualified personnel, (v) medically supervised deliveries, (vi) the rate of induced abortion, (vii) maternal and infant morbidity, and (viii) preinatal & infant mortality. 2) To measure the integrative linkage (contacts) between MW & HSC workers and between HSC and clients. 3) To examine the organizational or administrative factors influencing integrative linkage between health workers. Study design; The above objectives called for quasi-experimental design setting up a study and control area with and without a midwife. An active intervention program (FP/MCH minimum 'package' program) was conducted for a 2 year period from June 1982-July 1984 in Seosan County and 'before and after' surveys were conducted to measure the change. Service input; This study was undertaken by the Soonchunhyang University in collaboration with WHO. After a baseline survery in 1981, trained nurses/midwives were introduced into two health sub-centers in a rural setting (Seosan county) for a 2 year period from 1982 to 1984. A major service input was the establishment of midwifery services in the existing health delivery system with emphasis on nurse/midwife's role as the link between health workers (nurse aids) and village health workers, and the referral of risk patients to the private physician (OBGY specialist). An evaluation survey was made in August 1984 to assess the effectiveness of this alternative integrated approach in the study areas in comparison with the control area which had normal government services. Method of evaluation; a. In this study, the primary objective was first to examine to what extent the FP/MCH package program brought about changes in the pre-determined eight indicators (outcome and impact measures) and the following relationship was first analyzed; b. Nevertheless, this project did not automatically accept the assumption that if two or more activities were integrated, the results would automatically be better than a non-integrated or categorical program. There is a need to assess the 'integration process' itself within the package program. The process of integration was measured in terms of interactive linkages, or the quantity & quality of contacts between workers & clients and among workers. Intergrative linkages were hypothesized to be influenced by organizational factors at the HSC clinic level including HSC goals, sltrurture, authority, leadership style, resources, and personal characteristics of HSC staff. The extent or degree of integration, as measured by the intensity of integrative linkages, was in turn presumed to influence programme performance. Thus as indicated diagrammatically below, organizational factors constituted the independent variables, integration as the intervening variable and programme performance with respect to family planning and health services as the dependent variable: Concerning organizational factors, however, due to the limited number of HSCs (2 in the study area and 3 in the control area), they were studied by participatory observation of an anthropologist who was independent of the project. In this observation, we examined whether the assumed integration process actually occurred or not. If not, what were the constraints in producing an effective integration process. Summary of Findings; A) Program effects and impact 1. Effects on FP use: During this 2 year action period, FP acceptance increased from 58% in 1981 to 78% in 1984 in both the study and control areas. This increase in both areas was mainly due to the new family planning campaign driven by the Government for the same study period. Therefore, there was no increment of FP acceptance rate due to additional input of MW to the on-going FP program. But in the study area, quality aspects of FP were somewhat improved, having a better continuation rate of IUDs & pills and more use of effective Contraceptive methods in comparison with the control area. 2. Effects of use of MCH services: Between the study and control areas, however, there was a significant difference in maternal and child health care. For example, the coverage of prenatal care was increased from 53% for 1981 birth cohort to 75% for 1984 birth cohort in the study area. In the control area, the same increased from 41% (1981) to 65% (1984). It is noteworthy that almost two thirds of the recent birth cohort received prenatal care even in the control area, indicating that there is a growing demand of MCH care as the size of family norm becomes smaller 3. There has been a substantive increase in delivery care by medical professions in the study area, with an annual increase rate of 10% due to midwives input in the study areas. The project had about two times greater effect on postnatal care (68% vs. 33%) at delivery care(45.2% vs. 26.1%). 4. The study area had better reproductive efficiency (wanted pregancies with FP practice & healthy live births survived by one year old) than the control area, especially among women under 30 (14.1% vs. 9.6%). The proportion of women who preferred the 1st trimester for their first prenatal care rose significantly in the study area as compared to the control area (24% vs 13%). B) Effects on Interactive Linkage 1. This project made a contribution in making several useful steps in the direction of service integration, namely; i) The health workers have become familiar with procedures on how to work together with each other (especially with a midwife) in carrying out their work in FP/MCH and, ii) The health workers have gotten a feeling of the usefulness of family health records (statistical integration) in identifying targets in their own work and their usefulness in caring for family health. 2. On the other hand, because of a lack of required organizational factors, complete linkage was not obtained as the project intended. i) In regards to the government health worker's activities in terms of home visiting there was not much difference between the study & control areas though the MW did more home visiting than Government health workers. ii) In assessing the service performance of MW & health workers, the midwives balanced their workload between 40% FP, 40% MCH & 20% other activities (mainly immunization). However,