• 제목/요약/키워드: arbitration education

검색결과 46건 처리시간 0.019초

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

  • 박종삼;박영태
    • 한국중재학회지:중재연구
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    • 제9권1호
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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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보건소 인력의 의사소통능력, 직무만족도 및 정신건강 수준 (Communication Skill, Job Satisfaction, and Mental Health of Public Health Center Staff in South Korea)

  • 안성미;박경옥
    • 한국학교ㆍ지역보건교육학회지
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    • 제16권3호
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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.

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

  • 한상영
    • 한국산학기술학회논문지
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    • 제15권3호
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    • pp.1515-1521
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    • 2014
  • 본 연구는 간호학생의 급성 심근경색증 간호에 대한 시뮬레이션 기반 교육을 적용하고 비판적 사고, 문제해결력 및 학업성취도의 효과를 규명한 단일군 전후 원시실험설계이다. 대상자는 총 137명이었으며 중재기간은 2011년 9월부터 10월까지 총 6주간 시뮬레이션 기반 교육을 시행하고 중재 전후를 평가하였다. 자료분석은 SPSS Win17.0을 사용하였고, 평균과 표준편차, Paired t-test, 피어슨 상관계수를 이용하였다. 연구 결과 시뮬레이션 기반 교육프로그램은 비판적 사고, 문제해결력 및 학업성취도를 향상시키는 것으로 나타났다. 비판적사고가 증대될수록 문제해결력은 향상되는 것으로 나타났다. 반면 비판적사고 능력과 문제해결력은 학업성취도와 유의한 차이가 없었다. 시뮬레이션 기반 교육프로그램은 간호학생의 실무능력을 향상시키기 위해 유용한 학습방법임을 알 수 있었고, 임상현장에서 흔히 접할 수 있는 다양한 사례의 시나리오를 개발하여 실습교육에 적극 활용할 필요가 있다. 이를 위해서는 더 다양하고 적절한 실습교육방법에 대한 개발과 운영이 필요할 것으로 보인다.

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

  • 이재우;오현석
    • 한국중재학회지:중재연구
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    • 제31권1호
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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.

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

  • 정용균
    • 한국중재학회지:중재연구
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    • 제28권2호
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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.

감각통합이론에 근거한 장애와 비장애를 포용하는 놀이터 환경 구성에 관한 연구 (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)

  • 김내리
    • 한국실내디자인학회논문집
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    • 제24권3호
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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.

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

  • 김지혜;임혜경;최재현
    • 한국건설관리학회논문집
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    • 제17권5호
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    • pp.35-44
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    • 2016
  • 건설 프로젝트의 특성 상, 예측하기 어려운 리스크 인자에 노출되기 쉽고, 다양한 이해관계자들이 함께 동일 프로젝트를 수행하는 과정에서 발생하는 분쟁이 주요 리스크 인자로 인식된다. 다양한 분쟁은 주로 클레임 제기, 조정, 중재, 그리고 소송으로 나타나며 막대한 비용과 시간의 손실을 초래할 수 있다. 따라서 국내 건설기업의 건설 프로젝트 수행과정에서 발생하는 클레임, 분쟁의 유형과 원인을 도출하고, 각 원인의 영향도 분석을 통해 클레임, 분쟁관리에 대한 적극적인 대비가 필요하다. 본 연구는 국내 건설프로젝트에서 발생한 클레임, 분쟁 판례를 수집하여 유형과 원인에 따른 빈도와 영향도를 정량화 하고, 중요도 분석을 통해 주요 클레임 원인을 도출하였다. 도출된 주요 클레임 원인은 공사변경, 상대방의 부당한 행위, 공사 지연에 관한 클레임으로 해당 클레임 원인이 발생할 경우 클레임 비용에 대한 예측을 회귀 모형화 하였다. 주요 클레임 원인별 영향도 예측 결과 공사변경의 경우 전체공사비의 16.1%, 상대방의 부당한 행위는 전체공사비의 5.7%, 공사 지연은 전체공사비의 2.7%로 발생하는 것으로 분석되었다. 본 연구결과를 통해 국내 건설산업의 주요 클레임 요인을 도출하고, 클레임 비용을 예측함으로써 보다 적극적인 클레임 대비에 활용 될 수 있도록 하였고, 더 나아가 국내 건설기업의 프로젝트 관리 역량 평가 및 향상에 기여하고자 하였다.

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

  • 정용균
    • 한국중재학회지:중재연구
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    • 제19권2호
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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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핵심실기역량강화교육이 간호학생의 핵심역량과 임상실습만족도에 미치는 효과 (Effect of Core Practical Capacity Enhancement Training on the Key Competences and Clinical Practice Satisfaction of Nursing Students)

  • 신화진
    • 디지털융복합연구
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    • 제18권7호
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    • pp.279-287
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    • 2020
  • 본 연구는 효과적인 임상실습교육을 위하여 실습위주의 핵심실기역량강화 실습교과목 학습이 간호학생의 핵심역량과 임상실습만족도에 미치는 효과를 알아보기 위한 목적으로 수행하였다. 연구대상을 2주간 1일 8시간씩 네 영역의 핵심간호수기영역 교육을 실시한 그룹과 전통적인 강의중심 교육을 받은 그룹으로 나누고 15주간 임상실습 후 설문지를 작성하여 자가 보고하게 하였다. 수집한 자료는 SPSS 21.0프로그램을 사용하여 빈도와 백분율 및 평균과 표준편차, chi-square test, t-test로 분석하였다. 연구결과는 비판적사고성향과 임상실습만족도 부문의 가설은 지지되었으며 리더십, 문제해결능력 및 의사소통능력 부문의 가설은 기각되었다. 본 연구결과를 통하여 핵심실기역량강화 실습교육이 간호학생의 비판적사고성향과 임상실습만족도에 긍정적인 효과를 미치는 것으로 확인할 수 있었다. 따라서 간호교육에서 효과적인 실습교육 중재로 활용할 수 있을 것이다.

간호대학생의 비판적 사고성향, 심층적 학습접근방식, 학습자간 상호작용이 간호과정 자신감에 미치는 영향: 팀 기반 학습을 중심으로 (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)

  • 최한나;이은선
    • 한국간호교육학회지
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    • 제27권3호
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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.