• Title/Summary/Keyword: arbitration education

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A Study on the Internet Domain's Name Dispute Sdution Methods at EC times (EC시대(時代) 인터넷 도메인명(名) 분쟁(紛爭) 해결(解決) 방안(方案)에 관한 연구(硏究))

  • Park, Jong Sam;Park, Young Tae
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.291-322
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    • 1999
  • The world of today faces a radical change, a new revolution, by the spread of the Internet. It is used not only for advertising but also for the exclusive rights in the field of information and communication, in add to the way of developing everyday our lives with world news, home-shopping, on-line education and so on. Actually, since the Internet Domain's Name(IDN) is unique over the world, the individual and the companies which provide information through the Internet have a keen competition to make a good IDN to memorize and organize all available information provided them. As a result, there are an increasing number of the cases where one company files suit against another for the validity of it's IDN so the policy to arbitrate and solute the cases is required. This paper is going to introduce the structure and the system of management for IDN. It will also discuss the efficient management of IDN, various case analysis of the dispute restraint and solutions, and the movement of improving the management procedure of IDN in WIPO. So we suggest to examine common disputes among IDN uses and solution methods for future problem at EC times. Therefore we have to establish the dispute solution system. Here are the two methods : one is that to establish a dispute solution organization. This organization which can conduct the new dispute solution procedure differs from the existing legislation system. The other is that to establish a dispute solution procedure i.e. the various dispute solution procedure for efficient dispute solution : council, inspection, mediation and arbitration. This procedure is conducted on-line due to features of the IDN disputes, also along with the current legislation system and the International dispute solution procedure. Because there is possibility the IDN disputes usually are connected with other countries. As there is no specific disputes solution procedure so far, we have to wait while development occurs that also striving to be coherent with and between the domestic and International solution procedure by helping to establish the International dispute solution procedure.

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Communication Skill, Job Satisfaction, and Mental Health of Public Health Center Staff in South Korea (보건소 인력의 의사소통능력, 직무만족도 및 정신건강 수준)

  • Ahn, Sung Mi;Park, Kyung Ok
    • The Journal of Korean Society for School & Community Health Education
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    • v.16 no.3
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    • pp.51-63
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    • 2015
  • Objectives: This study addressed the relationship among communication skill, job satisfaction, and mental health level. Methods: The participants in this study were 222 public health center staff members at 9 community public health centers located in Seoul city and Gyeonggi province. Descriptive analysis, Pearson's correlation, and multiple regression were used for statistical analysis of the data. Results: The main findings are as follows: First, communication skill and job satisfaction showed a significant positive correlation with mental health level. Secondly, some components of mental health level generally showed positive correlations with communication skill and job satisfaction. Third, multiple regression showed that 22% of the variance in the mental health level was explained. Conclusions: Based on these results of this study, we suggested that specialized programs should be established to help in development of social arbitration for public health center staff.

Effects of High-fidelity Simulation-based Education on Nursing Care for Patients with Acute Chest Pain (시뮬레이션을 활용한 급성 흉통환자간호 실습교육의 효과)

  • Han, Sang-Young
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.15 no.3
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    • pp.1515-1521
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    • 2014
  • This study applies simulation-based education and care for acute myocardial infarction nursing students to investigate the effect of critical thinking, problem solving, and academic achievement of a single group before and after the raw experimental design. A total of 137 subjects were arbitration period September-October 2011, enforcement and arbitration were evaluated after simulation-based training six weeks total. Data analysis was performed using SPSS Win17.0, Paired t-test, the mean and standard deviation, Pearson's correlation coefficient was used. Research results of simulation-based training program to improve critical thinking, problem solving, and academic achievement were As increase critical thinking and problem solving ability was improved. whereas, Critical thinking skills and problem solving ability was no significant difference with academic achievement. Simulation-based training program to improve the practical skills of nursing students learning was found how useful it, that there is a need to take advantage of hands-on training in a variety of cases that can be common in the field of clinical scenarios developed by. To do this, It seems to be necessary to the development and operation more varied and appropriate hands-on training method.

A Study on the Revitalization of Private Mediation System - Lessons from the Italy's recent Via-Mediation mechanism - (민간형 조정제도 활성화에 관한 연구 - 이태리의 '완화된' 조정전치주의 도입을 중심으로 -)

  • Lee, Jae-Woo;Oh, Hyun-Suk
    • Journal of Arbitration Studies
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    • v.31 no.1
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    • pp.129-154
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    • 2021
  • As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is alleged that dispute resolution by court proceedings has certain limits and setbacks. Therefore, it is commonly suggested that mediation by a qualified mediator should come as an alternative method, and there have been many attempts to establish and provide mediation service in the courts and government authorities. To comply with a party's autonomy, which is the essential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shall take the initiative. In the meantime, despite a number of academic research and attempts to increase the awareness and use of mediation nationwide, we have not yet seen meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting 'Legislative Decree No. 28/2020' following the 'Directive 2008/52EC' of the European Parliament and encouraging the so-called via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shall be particularly noted that Italy's mediation proceedings have certain traits, including preliminary mediation meetings, mandatory involvement of legal counsel, and tax benefits for the settled cases by mediation. Italy's efforts would provide people with meaningful lessons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources' inefficient ways, institutions need to develop practical measures to increase the number of civil and commercial disputes in the mediation proceedings. To that end, legislative efforts to enact relevant laws necessary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators need to start soon.

The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

A Study on setting the Environment of Inclusive Playground Including Disabled Children and Children without Disabilities (including at-risk children) based on J. Ayres' Sensory Integration Theory (감각통합이론에 근거한 장애와 비장애를 포용하는 놀이터 환경 구성에 관한 연구)

  • Kim, Naeri
    • Korean Institute of Interior Design Journal
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    • v.24 no.3
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    • pp.205-212
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    • 2015
  • This study starts at the at-risk children(the students in the margins)' needs for the inclusive education environment who increased lately. It is studied in the limited scope, which is about spacially 'playground' and 'Sensory integrative therapy' in terms of the special education therapy. The 6 environmental setting principles are suggested, which is redefined in terms of suitable for applying to the environment design based on the training way and arbitration principle of J. Ayres' Sensory integrative therapy. And then various environment design methods are drawn from above-mentioned 6 principles, they are categorized in 4 elements for environmental setting - sensory element, behavior element, mental element and design expression element. This trial brings daily practice of therapeutic stimulate to sensory integration dysfunction children, and sensory experiential diversity promoting development to general children. Expecially it has some advantage that at-risk children(the students in the margins) feel a sense of belonging as a member of society.

Forecasting the Effects of the Claims in the Korean Construction Industry (국내 중재사례를 통한 주요 건설 클레임 예측 방안)

  • Kim, Jihye;Im, Haekyung;Choi, Jaehyun
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.5
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    • pp.35-44
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    • 2016
  • Various risk factors are known to be the nature of construction project execution process. These factors lead to potential claims, dispute mediation, arbitration, and litigation which can result in huge loss of money and time. Therefore, it is necessary for construction companies in Korea to improve overall project management capability through the evaluation before entering into the overseas construction market. Also, after examination of the claim and dispute caused by construction project risks, a substantial degree of influence and active preparation for the claim and dispute management should be confirmed via the effect analysis of the each factors. Main claim causes were derived through claim and dispute cases involved with domestic construction projects. As a prediction result of the main claim, 16.1% of the construction change claim, 5.7% of the bad faith claim and 2.7% for the construction delay claim were found to be the portion of the total construction cost. As a result of this analysis, risk management methodology was suggested to improve a project management capability for domestic construction companies through analysis result of the main factors of construction claims.

Communicative Information Technologies and Development Strategies of ODR from the Practitional Perspective (의사소통 정보기술과 ODR발전전략 : 실무적 관점을 중심으로)

  • Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.155-178
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    • 2009
  • The ODR can be categorized into four distinctive types. First type is the asynchronous non-demeanour method. Second type is the asynchronous demeanour method. Third type is the synchronous demeanour method. Fourth type is the synchronous demeanour method. A typical example of the asynchronous and non-demeanour method is e-mail. The example of the synchronous and non-demeanour method is tele conference. The example of the asynchronous demeanour method is video recordings. The example of synchronous and demeanour method is video conference. The primary benefit of e-mail is to avoid the physical violence. But the costs of email is the lack of emotional aspects of disputants. The benefits of tele conference is ease of use, and reduces the negative aspects of face to face communication. but the costs are limitation of the exchange of written information. The benefits of video conference is the approximation of face to face communication by providing oral as well as visual communication. but it is insufficient to represent eye contact. The common limitations of ODR are as follows. First is the lack of human face. Second is the neutrality of arbitrators and mediators. Third is the authenticity of electronic document. Fourth is the digital divide across South and North and generations. Fifth is the cross-cultural communication. The development strategy of ODR is the training and education of arbitrators and mediators in the area of writing skill. Furthermore, it is necessary to supplement the weakness of email via diverse kinds of expressions to show emotions. Finally, it is necessary to train neutrals in the area of cross-cultural communication.

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Effect of Core Practical Capacity Enhancement Training on the Key Competences and Clinical Practice Satisfaction of Nursing Students (핵심실기역량강화교육이 간호학생의 핵심역량과 임상실습만족도에 미치는 효과)

  • Shin, Hwa-Jin
    • Journal of Digital Convergence
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    • v.18 no.7
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    • pp.279-287
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    • 2020
  • For effective clinical practice education, this study was conducted to find out the effects of learning practical subjects on the core competency and satisfaction level of clinical practice on nursing students. The research subjects were divided into groups that conducted four core nursing education classes eight hours a day for two weeks, and groups that received traditional lecture-oriented education, and a questionnaire was prepared and reported by themselves after 15 weeks of clinical practice. The collected data was analyzed using frequency, percentage, mean and standard deviation, chi-square test, and t-test using the SPSS 21.0 program. The findings supported the hypotheses in critical thinking propensity and clinical practice satisfaction, and the hypotheses in leadership, problem-solving and communication skills were rejected. The results of this study confirmed that practical training for strengthening core practical skills has a positive effect on the critical thinking tendency and clinical practice satisfaction of nursing students. Therefore, it can be used as an effective practical training arbitration in nursing education.

The influence of critical thinking disposition, deep approaches to learning and learner-to-learner interaction on nursing process confidence in nursing students, with a focus on team-based learning (간호대학생의 비판적 사고성향, 심층적 학습접근방식, 학습자간 상호작용이 간호과정 자신감에 미치는 영향: 팀 기반 학습을 중심으로)

  • Choi, Hanna;Lee, Eunseon
    • The Journal of Korean Academic Society of Nursing Education
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    • v.27 no.3
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    • pp.251-260
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    • 2021
  • Purpose: This study uses a descriptive research design to identify the influence of critical thinking disposition, deep approaches to learning, and interaction between learners on the degree of nursing process confidence for nursing students. Methods: The subjects of the study were second-year students in the Department of Nursing at a university in G city. The data included general characteristics, critical thinking disposition, deep approaches to learning, learner-to-learner interaction, and nursing process confidence were analyzed utilizing an independent t-test, one-way ANOVA, and Scheffe's test to identify differences in the variables according to general characteristics. To identify the correlation between the factors related to the nursing process and nursing process confidence, Pearson's correlation was analyzed, and hierarchical regression was used to determine the factors affecting the confidence of the subject's nursing process. Results: Gender, critical thinking disposition, and in-depth learning approach were statistically significant as factors affecting the nursing process confidence of nursing students, and these factors were shown to explain 62% of nursing course performance (F=23.80, p<.001), among which in-depth learning access has the greatest influence (β=.41, p<.001). Conclusion: Critical thinking disposition and deep approaches to learning arbitration program development are necessary to improve nursing students' nursing process confidence.