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Legal Issues on Application of Law in Securities Arbitration (증권중재와 법적용의 문제)

  • Han, Cheol
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.337-372
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    • 2003
  • Given the difficulties investors would encounter in pleading and proving their claims in court, they may well be better off in a system where less attention is paid to the law and more to the equities of the actual dispute before the arbitration panel. While this is not a system where accountability and predictability of results can be achieved, investors may fare better than they might expect. It follows then that if equitable considerations enhance rather than subtract from investors' chances of recovery, then investors need not worry about the consequences of the arbitrators' failure to apply the law. This article tracked the evolution of the arbitration process, through amendments to the pertinent securities arbitration codes of procedure, from an informal proceeding into a quasi-judicial one. Subsequently, I examined the practical difficulties arbitrators encounter in their efforts to apply the law. The Court in McMahon assumed arbitrators would apply the law and that the “manifest disregard” standard would provide sufficient judicial oversight to ensure that they did. But there is no meaningful review of arbitration awards to assure arbitrators are applying the law. Arbitration awards have no value as precedent for future arbitrations. Accordingly, there appears to be little reason to write such an award, particularly if the end result is an award immune from challenge no matter how the panel ruled. In these days, securities arbitration as a disputes resolution system is becoming a more popular practice. The trend of the courts in America has been to enforce arbitration agreements. Moreover arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. Therefore I think it would be necessary to introduce securities arbitration system to our disputes resolution system Compared to American practices, there could be, of course, many differences in recognition on arbitration and legal structure in our country. Thus it will be an assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us.

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A Study on Theoretical Background Relationship of Blood Vessel Pressure Massage and Skin and Management Method of Blood Vessel Pressure Massage for Skin Care (피부미용과 관련된 한방미용경락의 이론적 배정 연구)

  • Choi, Jong-Mi;La, Young-Sun
    • Journal of the Korean Society of Fashion and Beauty
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    • v.2 no.1 s.1
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    • pp.5-13
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    • 2004
  • This study was analyzed on relationship of blood vessel pressure massage and skin and management method on blood vessel pressure for skin care with Yin-yang 5 factors theory, Yin-yang 5 factors theory of blood vessel pressure massage with related Korean medicine is essential for descriptions of the physiology of human body and disease. Six elements(wind, heat, fire, dryness, wetness, and cold) and seven emotions(anger, happiness, thought, worry, sadness, surprise, and fear) effected on skin care and the five viscera and the six stomach. Blood vessel pressure massage related with skin consists of the five viscera and the six stomach and is improved blood circulation and is retarded aging of skin by controls of hormone and free nerve system. Blood vessel pressure massage for skin care improved in the intestine system and blood circulation and got healthy. The blood vessel pressure massage treatment of beauty art can aid the function of bio-rhythm of a human body and make our body health by healing the problems of the five viscera organs and the six stomach. It also help circulate of the blood flow and vigor. The study expects the related researches to improve the various treatments through this treatment. The researcher encountered many problems with the lack of concerned materials and former studies but expects this study to be a study to retard aging the skin and prevent the diseases through the study of the blood vessel pressure massage.

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GIS Education for Teachers in South Korea: Who Participates and Why? (GIS 교사 연수: 누가, 왜 참여하는가?)

  • Kim, Min-Sung;Bednarz, Robert;Lee, Sang-Il
    • Journal of the Korean Geographical Society
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    • v.46 no.3
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    • pp.382-395
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    • 2011
  • Considering that GIS (Geographic Information Systems) has not been widely adopted by teachers despite educators' considerable efforts to incorporate it into secondary education, if some teachers voluntarily participate in GIS in-service education without guaranteed benefits, those teachers deserve attention. This study investigates why teachers actively participated in a GIS staff-development program offered by Seoul National University in South Korea. Questionnaires were distributed to teachers and interviews were conducted. Results indicate that active participants are mostly young teachers who are expected to have had experiences with GIS during pre-service education. Teachers see the potential of GIS, but they also worry about several issues. Participating teachers' primary motivation was to learn enough about GIS to incorporate it into their teaching. Suggestions to facilitate the incorporation of GIS into education are provided.

A Study on Sexual Concern and Sexual Satisfaction in Diabetic Patients (당뇨병환자의 성생활 관심과 성생활 만족정도)

  • Lee, Kang Yi;Kim, Keum Sook
    • Journal of Haehwa Medicine
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    • v.8 no.1
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    • pp.853-863
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    • 1999
  • This study was designed and undertaken to examine the sexual concern and sexual satisfaction in diabetic patients. The data were collected from September to November, 1997. The subjects in this study were 77 diabetic patients who visited to check their blood glucose level to the outpatient department of internal medicine in one of hospitals located in Taejon city. The questionnaires developed by Derogatis L. R. were used. Data were analysed using percentages, means, F-test, done with the SAS program. The results of this study were as follows ; 1) In the question that If the patients want to be counselled about sexual need or not, male and female diabetic patients answered "moderate"(37 patients(48.1%). 2) In the question that if the patients are worry for their sexual life or not because of present illness, male and female diabetic patients answered "moderate"(27 patients (35.1%). 3) In the question that If the patients worried about sexual life, they wish to counsell for who, the majority of patients answered that want to counsell the medical doctor(49 patients(64.5%). 4) In the question that if a medical team is concerned about patient's sexual need or not, the patients usually answered negatively. 5) In the question of attitude about masturbation, male and female answered that they think it doesn't matter if they maintain privacy. 6) In the question that if they use professional therapeutic method for sexual act or not, it is highly appeared not using(72 patients(93.5%). 7) In the relationships between the sexual satisfaction and the sex, age, the period of disease, want to counselling about sexual need, the concern of the medical team about sexual need of the Patients showed statistically significant differences.

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Direction for Improving the Educational Environment of Rural School Students in Korea (농촌학교학생의 교육환경조성 개선방향)

  • Cheong, Ji Woong
    • The Journal of Sustainable Design and Educational Environment Research
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    • v.3 no.1
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    • pp.1-14
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    • 2003
  • This study attempts to review the present situations of rural schools in South Korea, to analyze problems regarding the educational environments for their students, and to present direction for improving toward better educational environments. All the data and information are based on using avaiable documents and personal macro observation and insights. The sharp decrease of rural population for recent decades has made lots of public schools unexceptionall much smaller by school number and students' number. Nearly five thousands of rural small schools have already been abolished and the rest are also endangered to be dosed. In order to tackIe such problem, the Government has been trying to provide rural students with better educational environment, but failed to attract them to stay in rural schools. Most of rural school students have poorer family environment, underprivilged school learning environment, and less civilized community environment. Those normal parents living in rural areas are likely to send their kids to urban schools for prior opportunities to enter better quality of higher level of schools and then the remained attending rural schools are those who live with grand parents or whose parents are very disadvantaged. The rural school teachers are teaching much less number of students compared to urban teachers, but their students are less achieved learners. Notwithstanding their abudant natural community learning environments, the rural school students are less making use of those resources and less benefited from more civilized life due to their underdeveloped community conditions. In order to improve such educational environments, incentives for young couples to safely reside in rural communities, incentives for better qualified teachers to preferably work for rural schools, better learning facilities for rural school students and for better vocational experiences, lifelong learning opportunities for all community people, and increased public support to rural development for rural people not to worry about their rural lives, need to be guarantyed.

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Korean and Chinese Female College Students' Attitudes towards Retirement (한국과 중국 여자대학생의 은퇴태도 비교 분석)

  • Joo, So-Hyun;Lee, Ha-Nul;Guo, Li
    • The Korean Journal of Community Living Science
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    • v.22 no.2
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    • pp.267-282
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    • 2011
  • This study investigated Korean and Chinese female college students' retirement attitudes. Considering the fact that the two countries are experiencing dramatic increases in elderly population, retirement planning is a significant social issue. Even though Korea and China share similar cultural backgrounds, economic systems and governmental retirement policies have been developed in different ways. The purpose of this research was to compare retirement attitudes and related factors between Korean and Chinese female college students. Based on a survey with 214 female college students (130 Koreans and 84 Chinese), differences and similarities in retirement attitudes and related factors were identified. On average, Chinese female college students showed more positive attitudes towards retirement than Korean students. The levels of thinking about retirement and worrying about finances in retirement were greater for Korean students than Chinese students. More Korean students anticipated that their actual retirement age will be earlier than their desired retirement age. Korean students believed that they should start retirement planning at an earlier age than Chinese students' retirement planning age. Korean students anticipated that the cost for food and housing as the major expenditure category in retirement while Chinese students anticipated cost for health care as the major expenditure category. Korean students who worry about finances in retirement, and those who anticipated that they will retire earlier than their desired age showed negative retirement attitudes when controlling other factors. Implications for retirement planning and education were presented based on the research findings.

Comparison of Adolescents' Temperament and Character Inventory (TCI) Profile between Traumatized Group and Non-Traumatized Group, and between PTSD Symptom Group and Non-PTSD Symptom Group among the Traumatized Group (외상 경험군과 비경험군 및 외상 후 스트레스 장애 증상 발생군과 비발생군 청소년에서 기질 성격 특성 비교연구)

  • Shin, Seung Min;Lee, Byung Wook;Yi, Jung Seo;Kim, Young Ku;Lee, Hong Seock
    • Anxiety and mood
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    • v.8 no.2
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    • pp.133-140
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    • 2012
  • Objective : The aim of this study was to investigate how trauma and personality system was related by comparing TCI profiles of the trauma versus non-trauma groups and PTSD symptom positive (PTSD symptom [+] group) and PTSD symptom negative groups (PTSD symptom [-] group). Methods : We compared the difference of Temperament and Character Inventory (TCI) profiles between the trauma (n=61) and the non-trauma (n=61) groups, and between the PTSD symptom [+] group (n=40) and PTSD symptom [-] group (n=21). Results : Comparison of the TCI's seven higher dimensions between the PTSD symptom [+] and [-] groups showed significant differences only in C (Cooperativeness). And in the analysis of TCI's lower dimensions the significant differences were observed in the HA1 (Worry and pessimism), HA2 (Tension regarding uncertainty), and C4 (Compassion) subscales. However, significant differences in the higher dimensions appeared more clearly between the non-traumatized group and the traumatized group. Compared to the non-traumatized group, the traumatized group scored significantly higher in HA (Harm avoidance) and RD (Reward dependence), while lower in SD (Self-directedness). Conclusion : Overall, present results suggest that traumatic experiences may affect personality systems regardless of the development and of PTSD symptoms.

A Convergence Study of Nursing Students' Experience of Cadaver Practice (간호학생의 카데바 실습 경험에 대한 융합적 연구)

  • Lee, Hyun-Jung;Lee, Sang-bok
    • Journal of Convergence for Information Technology
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    • v.10 no.8
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    • pp.60-67
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    • 2020
  • This study was conducted through a focus group interview of 4 teams of 40 nursing students to provide basic data for the development of customized cadaver practice programs and life and nursing ethics education by identifying the anatomical observation experiences of nursing students through cadaver. We tried to grasp the meaning and essence of the anatomical observation experience using the Colaizzi analysis method. As a result of the analysis, 3 categories, 6 theme clusters, and 12 themes were derived. The theme clusters for each category are as follows: Unrest (worry, confrontation), reflection (the boundary between life and death, teaching of the body teacher), growth (step forward, a valuable experience that will never be again). It was an opportunity for nursing students to realize the mystery of the human body and the preciousness of life through the experience of cadaver, and to consider the altruistic life through donation while recognizing that death is also a process of life in a broad sense.

Civil-Military Relations and Military Leadership (민군관계와 국방리더십의 발전방향)

  • Son, Su-Tae
    • Journal of National Security and Military Science
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    • s.4
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    • pp.119-156
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    • 2006
  • Now it is not useful the theory about civil-military relationship that have been analysed for power games between military and civilians Korean society is going on governance society managed by cooperating network of government, civilian society and business market These social change require for new context about civil-Military relationship. Military leadership must contribute desirable civil-military relationship This study will suggest the direction about military leadership for desirable civil-military relationship. Now political issues about military intervention to the government are almost settled, but the worry about complications between military and civilians exist in the part of low issues like policy-making. Another important issues is military leadership about the style of social-being. In recent years, social change is very complex and speedy like global networking and diversity, leadership environment also, changed like leadership paradigm shift. Military leadership must be examined from the principle to the context of social integration At the present age, individual soldier is citizen in uniformed. Also military leadership must to seek the principle in the citizen mind like citizenship. Another charactristics of present day military is influence of high technogy. For the high-tech war military need the transition about science and technology from the whole society. In the context of above the development of military leadership are suggested as follows. First, the development of military control leadership must besought to the context of cooperation between government and military. Government must provide the system to strengthen military professionals in the process of policy-making about national security Second, military leadership must embody the important social values through the advanced military making, Third, military leadership must provide the adaptability to the society through the military education of their soldiers Forth, military leadership must be contributed to the social integration and to the growing up individual soldiers like their socialization and their achievement. Five, an important subject of military leadership is the creation of desirable military culture through the harmony of social culture and military culture.

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Comparison analysis of pain experienced by patients during periodontal examination using thinner versus thicker probes (치주낭 측정시 probe 굵기에 따른 환자의 통증과 측정값의 비교분석)

  • Kim, Soo-Han;Hong, Ki-Seok;Chung, Chin-Hyung;Lim, Sung-Bin
    • Journal of Periodontal and Implant Science
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    • v.37 no.2
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    • pp.193-200
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    • 2007
  • During periodontal examination and periodontal recall visit, patients might feel pain. Probing with 0.45mm diameter probe, "overprobing" into connective tissue underlying periodontal pocket could be the primary aspect of pain. The purpose of present study, performed during recall visit, was to compare the levels of pain experienced by patients during periodontal probing using probes with the tip diameter of either 0.45mm or 0.63mm. Twenty patients were enrolled: 3 periodontists each exammined 20 patients at the Dankook university dental hospital. in each patient at six sites per tooth, diagonal maxillary/mandibular quad-rants were probed with 0.45mm diameter and 0.63mm diameter probe. Lower pain responses following probing with the 0.63mm diameter probe as compared to the 0.45mm probe were observed for patients of therapist 2 and the upper VAS quartile Groups(P<0.05). For therapist 1 and 3 groups, no differences were found. Patient worry about the pain while dental treatment procedures. If therapist use 0.63mm diameter probe while periodontal examination and recall visit, the patient's pain and discomfort could be reduced. Therefore, patient will cooperate more during the treatment, which leads to a better result. Dental therapists should make an effort to minimize the degree of discomfort during treatment. Dental therapist periodically should evaluate this part of their skill by asking patients and promote this skill.