• 분석과 대안
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• 제6권2호
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• pp.79-115
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• 2022

이 글의 목적은 정치적 양극화에 기여한 요인을 분석하는 것이다. 최근 정치학은 정서적 양극화 즉 정당과 지지자 간의 대립적 현상을 놓고 논쟁 중이다. 이 논쟁은 정서적 양극화의 기원에 대해 전혀 다른 관점에서 접근하는데 정당일체감 대 회고적 투표의 오랜 논쟁과 맞닿아 있다. 정서적 양극화의 원인에 대해 두 가지 입장이 경쟁한다. 첫째는 정당일체감의 전통을 이어 내집단과 외집단에 대한 개인의 편향적 태도가 정서적 양극화의 원인이라고 주장한다. 전통적 관점은 집단적 사고의 근거 자체에 대해서는 불가지론적 입장이었으나 사회심리학이 제시한 집단적 편향을 수용하여 이를 정서적 양극화의 기반으로 삼는다. 둘째는 정서적 양극화는 이념적 차이에 기초하며 이념과 정책선호의 차이가 정당 간 편향성으로 발전한다고 간주한다. 이념적 양극화는 양극화가 집단 간의 상징적 차이가 아니라 회고적 투표이론과 마찬가지로 도구적 차이에 기인한다고 주장한다. 정서적 양극화는 정치참여, 투표 등에 중대한 영향을 준다. 이 글은 이념과 정책선호 또는 정당일체감을 위시한 집단적 편향 등이 정치적 선택에 미치는 효과를 검토함으로써 양 주장을 비교할 것이다. 이 글은 세 가지 결과를 제시한다. 첫째, 후보선택에 가장 큰 영향을 미치는 요인은 정책선호이다. 정책선호 면에서 개인 책임을 선호하는 개인과 정부지원을 지지하는 개인이 각각 트럼프와 바이든 후보를 선택할 가능성은 53.7%와 70.4%로 26.4% 포인트 차이가 있다. 둘째, 정당일체감 효과는 팽팽하다. 공화당 지지자에 비해 민주당 지지자가 트럼프를 선택할 가능성은 42.4% 포인트 낮다. 반대로 공화당 지지자가 바이든을 선택할 확률은 민주당 지지자에 비해 48.7% 포인트 낮다. 셋째, 정서적 양극화를 의미하는 반대정당지지층에 대한 적대감 효과를 보면 민주당지지층에 대한 적대감이 트럼프 지지에 미치는 효과는 26.5% 포인트이다. 한편 공화당지지층에 대한 적대감이 바이든 지지에 미치는 효과는 13.7% 포인트이다. 이처럼 트럼프 지지에는 민주당지지층에 대한 적대감이 더 큰 영향을 행사한다. 그 외 주관적 이념도 후보선택에 중요한 영향을 보인다.

• 가정과삶의질연구
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• 제27권2호
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• pp.29-43
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• 2009

This study proposes to implement premarital education programs designed to enhance potential capacity in marital life, targeted at marriage expectant couple and verify the effectiveness of the programs. For this study, 8 marriage expectant couples residing in Seoul participated. For this study, advance and follow-up surveys were conducted. To be specific, the advanced surveys questions were posed regarding general features, the level of communication, conflict-resolution skills and the attitude toward the role of the gender and so forth of those persons polled. In follow-up surveys, questions were asked regarding the extent to which the participant was satisfied with the contents of the education and teaching process in each session of the programs, the attitude toward the role of the gender, the level of communication and conflict-resolution skills. The effectiveness of the program was verified based on the subjective level of satisfaction of the instructor and the program manager and the statistical analyses of advance and follow-up surveys. Our findings show: First, the changes in 'the attitude toward the role of the gender' of the participants after 'the education of the role of the gender' were not significantly related. Second, after 'the education of communication' was implemented, the capability of the participants to communicate proved to have improved. Third, the extent to which the participants were satisfied with the contents of the education scored higher than the average, the level of educational satisfaction with 'the skills of communication between the husband and wife' scoring the highest. Fourth, with respect to the level of overall satisfaction with the educational effects of the program, the level of satisfaction with improved relationship between each party of the couple turned out relatively high, and the level of the overall education program also proved to be high.

• 무역상무연구
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• 제38권
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• pp.155-180
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• 2008

The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

• 복식
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• 제58권8호
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• pp.170-183
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• 2008

The purpose of this study is to analyze the characteristics of different images of movie costume centering on the actresses. The perfect examples are the characters from the movie "The Devil Wears Prada", in which the film is about the fashion leaders of the world. This study consists of visual data as well as images including some scenes from the movie. The sources were collected from relative media, articles in journals, internet sites relating to the movies and photos and we have analyzed differentiated each of the character's wardrobes and its characteristics appearing in each image. The result of this study is as follows. First, the characteristic image of Andy, the main character (Anne Hathaway) in the movie changed dramatically. Andy'swardrobe is focused on the character's makeover in the movie as the character changes from a slob dresser to an assistant of the editor-in-chief of the number one fashion magazine in the world. Each scene definitely shows different styles of the latest premier designers' clothes and accessories. On the other hand, Miranda Priestly appears as the fashion leader and icon throughout the whole movie. Her career look in each scene was very chic and sophisticated in the office while her party dresses were sexy and glamorous in the movie where she was at many of the promotion parties and events. The second analysis of characteristic images of movie costumes is comparing the styles of Andy, Miranda and Emily(the other assistant of Miranda). Andy's wardrobe was divided Into two situations-before working for the magazine and while working for Miranda. As Andy's wardrobe began to upscale, the clothing images of Emily and Miranda became less fashionable. As a result of this study, the movie costumes played a vital role in expressing the changes and differentiating each character's images.

• 한국중재학회지:중재연구
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• 제23권4호
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• pp.55-76
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• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• 한국중재학회지:중재연구
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• 제24권4호
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• pp.99-125
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• 2014

The purpose of this paper is to introduce the arbitral proceeding system in Indonesia. Arbitration in Indonesia is governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Arbitration Law). Also, the Indonesian National Board of Arbitration (BANI) is the main arbitration body in Indonesia. BANI handles both domestic and international disputes. BANI has published its Rules of Arbitral Procedure (the BANI Rules). Within a period of not longer than 30 days after receiving the petition for arbitration, the respondent must submit its reply. Also, if the respondent wishes to assert against the claimant a counter-claim in connection with the dispute, the respondent may submit such counter-claim together with its statement of defense no later than the first hearing. This paper suggests that the following may be some of the disadvantages to using arbitration under the BANI Rules. The first is that final decision or approval regarding the designation of all arbitrators shall be in the hands of the Chairman of BANI. It is the chief problem facing the international stream of arbitration systems. The second is that arbitrators must have certain minimum qualifications. BANI Rules provide the same requirements for the qualifications of the arbitrators as the Arbitration Law. The third is that the BANI Rules require arbitrators in BANI-administered references to be chosen from BANI's list of arbitrators. BANI can also consider a recognized foreign arbitrator if the foreign arbitrator meets the qualification requirements and is prepared to comply with the BANI Rules. This includes the requirement that the appointing party must bear the travel, accommodation, and other special expenses related to the appointment of the foreign arbitrator.

• 무역상무연구
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• 제23권
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• pp.71-91
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• 2004

The purpose of this paper is to examine the effects and problems of acceptance with modifications according to CISG Art. 19, comparing with UCC ${\S}2-207$. First of all this author raised two legal issues encountered when there is an acceptance with modifications. Scenario one is as follows : "Before either party has taken further action, there is a rise or a fall in the price of goods, was there a binding contract ?" The UCC rules provide for a contract if a purchaser sends out a purchase order and the seller sends back a sales acknowledgement form, and the items on the front(the price, description, and quantity) match up. The CISG on the other hand, is that most of the terms and conditions on the backs of the forms are important. Therefore, if they are different, there should not be a contract. Scenario two is as follows : "There has been performance, A disputes arises. What terms and conditions apply ?" The CISG and the UCC will probably lead to different results in the event the parties exchange conflicting forms and subsequently perform. Assuming that the offeree's reply contains terms that are materially different from the offer, the UCC provides that the resulting contract will include only those terms on which the writings of the parties agree, excluding conflicting terms. The CISG treats the material additions as a counter-offer and, in accordance with Art. 18, the offeree's performance may be regarded as an acceptance of a contract containing all of the offeror's terms ; or the offeror's performance may be regarded as an acceptance of a contract containing all of the offeree's terms. Second, this author raised three problems in the Art. 19 as follows ; 1) It is very difficult in practical application to decide what is material alterations even if the CISG lists material terms as an example. 2) There is a possibility for the offeror to speculate in the circumstance of market fluctuation as he has a change to object to the discrepancy in the offeree's reply. 3) There is also a possibility of inducement for the offeror or the offeree to send its own reply as a last shot.

• 무역상무연구
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• 제12권
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• pp.405-427
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• 1999

Although Uniform Customs and practice for Documentary(UCP) is not a law, it applies to most documentary credits and is binding on all parties unless otherwise expressly stipulated. Besides, Uniform Commercial Code(UCC) Article 5 was codified by the United States and was adopted by every state. Moreover, the New York version of the UCC Article 5-102(4) specifically providing that the UCC does not apply to letters of credit where the parties agree to be governed by the UCP. Identical nonuniform Articles were latter added in Alabama, Arizona, and Missouri. The fact that courts in forty-six of the fifty states are bound by Article 5. Until now, Article 5 of the UCC has probably had an impact on the decisions in New York and the New York common law. Therefore, I examined a few issues on application between Article 5 of the UCC and the UCP. First, although the UCP attempt to introduce a new for examination of document by incorporating "standard practice of financial institutions" and "international banking practice", the standards for documentary compliance are not clear. The UCC attempt to rely on the matter of interpretation for the court, but the UCP would probably be interested in examining in about bank's internal practices as reflected in UCP Articles. Second, the rule for nondocumentary conditions is a useful for stand-by credit transactions under the UCC, but these conditions would probably put the bank in an even worse position in case of documentary credit transactions under the UCP. Third, the UCP does not contain any provision governing the fraud exception, but the UCC codified the fraud and forgery rules developed through American case law. Fourth, the UCP treats the issue of transfer in much more detail than the UCC does. In contract, the UCP's treatment of assignment of proceeds is brief. Finally, I suggest that the fraud exception rules should be prescribed in the UCP in order to protect the issuing bank and the applicant when an unscrupulous party attempts to defraud.

• 한국한의학연구원논문집
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• 제15권1호
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• pp.1-11
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• 2009

The eminent brother doctors Cho-Gaek Hur (Young Hur) and Cho-Sam Hur (Eon Hur) represent the medical tradition of the southeastern region of Mt. Jirisan incluiding Sancheong. This study investigated and examined their herediatary testimonies and medico-historical facts described in the literature tale, genealogy and family collection of works. At an early age after their family run away to the southern region from the harm of political struggle, they gave up taking the highest-level state examination to recruit ranking officials and set their heart on learning medicine. Their choice of medicine was the second best plan for the survival of their family and descendents from the influence of their ancestors who suffered from the party strife during the late Joseon Dynasty. The case is a good example of the deliberate action of the nobility intellectuals since the late Goryeo and early Joseon dynasties to who made attempts to have the minimum elegance and cause while securing livelihood after they have been collapsed politically. The tale of Cho-Gaek and Cho-Sam is a typical story of eminent doctors which combined reality and fiction about the persons who had outstanding medical skills. In the tale, the elder brother was good at herbal prescriptions and the younger brother was good at acupuncture, contrasting the treatment of administrative internal medicine and insertive acupuncture treatment. It shows that the prepositions for the choice of the treatment method for the public during that period were safety and fast efficacy. In their old age, they wrote a book titled Jinyangsinbang. Another Jinwoosinbang is estimated as a different kind of copy, which was a medical writing from experience that derived from the same original book as Jinyangsinbang. written by Cho-Gaek Hur and it is a valuable medical material that possesses the distinct features of the local medicine during the late Joseon Dynasty. Most of the contents are variations in application using the basis of Dongeuibogam, forming the roots of the traditional Korean medicine in Sancheong region together with the medical activities of the Hur brothers.

• 무역상무연구
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• 제66권
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• pp.47-73
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• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.