• 한국중재학회지:중재연구
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• 제21권3호
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• pp.165-187
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• 2011

This paper investigates on the legal doctrine of "voluntary, knowing, and intelligent" (VKI Doctrine). The main points that were discussed include the history of the VKI doctrine and the US courts' attitudes toward the doctrine. It was also discussed how the VKI doctrine influenced the protection of consumer who agreed to arbitrate with businesses. The US courts' attitudes have shown to be split in application of the VKI doctrine to disputes in the enforceability of arbitration agreement between the consumers and the businesses. In order for the arbitration agreement to be invalidated, the state legislature cannot enact law that are directly targeted toward the validity of arbitration agreement. Rather the contract law in each of the state should be applied to the evaluation of the validity of an arbitration agreement. As the more and more consumers become familiar with the arbitration, the need for the VKI doctrine to protect the individual consumers in arbitration is expected to be diminished in future disputes.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.211-234
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• 2004

When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

• 산업경영시스템학회지
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• 제43권1호
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• pp.34-41
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• 2020

There has not been any scientific analysis on appropriate size of workforce and salary for civilian workers in military so far. Thus, this paper conducted analysis on propriety in employment size of military doctrine researchers using system dynamic methodology based on annual military doctrine workload. Vensim software was mainly used to measure complement of the research group based on data from job analysis. Secondly, a multiple regression analysis was performed to study an appropriate wage for researchers based on their expertise and working condition. The data from twenty public research institutions and twenty eight job positions that are performing similar duty with military doctrine researchers was obtained and utilized to create a salary-estimation regression equation in the analysis. Finally, with cost-benefit analysis method this paper studied financial effectiveness of hiring military doctrine researchers. Contingent valuation method, which has been recognized as one of the most effective methodologies in cost-benefit analysis on intangible value, was utilized to measure benefit of hiring the researchers. The methodology presented in this paper can be applied to measure and improve the efficiency of military organization not only in military doctrine research area but also in several military functional area (military training, logistics, administration, combat development, and combat support).

• 한국국방경영분석학회지
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• 제29권2호
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• pp.111-130
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• 2003

This paper deals with the improvement of doctrine, organization, and training for Weapon systems during the defense acquisition process. We analyze the combat development element such as doctrine, organization, and training which is working in the United States of America. then we apply the ideas to our proposal for the improvement of doctrine, organization, and training for weapon systems. This paper will be contributed to the improvement of doctrine, organization, and training and the efficiency of defense acquisition program management.

• 동의생리병리학회지
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• 제28권5호
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• pp.465-477
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• 2014

In Korean Medicine (KM), the Yin-Yang doctrine is still used as a theoretical tool for understanding and explaining the clinical experiences. However, as the traditional culture declined in East Asia and the scientific culture took over, there was an increased negative view on the Yin-Yang doctrine, and thus a heightened distrust over KM. For KM to survive in an unfamiliar culture of science, a novel outlook on the Yin-Yang doctrine is needed. In this sense, I consider a thoroughly medical take on the Yin-Yang doctrine to be most important. The focus needs to be on the goals of medicine: this includes riddance of any discourses on Yin-Yang that cannot contribute to the goals, and an enhancement of the Yin-Yang concept as a rational and scientific terminology. One way to achieve this is by understanding Yin-Yang as a type of metaphor. The Yin-Yang doctrine that is utilized in KM corresponds well to the conceptual metaphor suggested by Lakoff and Johnson. As a metaphor, the Yin-Yang concept plays a role in structuring the target domain, that is life phenomena, metaphorically. Through the Yin-Yang metaphors, the life phenomena are understood as the Yin-Yang phenomena, and are systematically organized by the subcategories contained in the Yin-Yang doctrine. Understanding Yin-Yang as a metaphor is a good way to enhance the Yin-Yang concept and doctrine as a rational terminology and method.

• 한국식생활문화학회지
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• 제17권4호
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• pp.496-529
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• 2002

The theory-the doctrine of Confucius and Mencius was an objective existance in Chinese dietary culture history, but it was ignored in the last two thousand years. In addition, some people misunderstood Confucius' and Mencius' thoughts and statements. This paper believes that the doctrine of Confucius and Mencius is Confucius' and Mencius' diet opinions, thoughts, theories and basic style in their diet experiences. Confucius' diet experience and Mencius' diet experience were alike, and Mencius' experience carried on Confuius' and theirs were the same in some sections. They all stay their diet standard to their stomach and don't persue good meal. They all thought resolving people's diet was important for a country and for the politic problems. Mencius succeeded Confucius' diet thoughts and put them to the theories-diet principle, diet standard, and diet morality. This paper deeply discusses theory, developing history condition and the affection and position in Chinese diet history of the doctrine of Confucius and Mencius.

• 동양고전연구
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• 제55호
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• pp.59-84
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• 2014

본 연구는 서계 박세당의 "사변록"에 나타난 "중용"을 이해하고 그의 학문 평가에 대해 새로운 해석을 해보려는 시도이다. 기존의 학계에서는 서계의 학문 성격을 반주자학, 탈정주학, 탈성리학, 실학 등으로 구명하였다. 서계의 "중용" 이해는 분명히 주자의 "중용장구"에 대해 상당히 비판적이다. 하지만 그것은 반주자학, 탈정주학, 탈성리학, 실학이라기보다는 경(經)을 이해하고 독해하는 서계의 학문적 독특성 때문이다. 특히, 육경(六經)을 중심으로 실천적 학문을 펼치려는 철학적 방법의 창의적 돌출로 볼 수 있다. 서계는 중용이 지닌 뜻의 일관성 유지를 위해, 정자와 주자가 중용의 해석하면서 드러내는 사유의 불일치를 지적하며, 나름대로 유학의 본래 사유에 부합하는 근원적 의미를 찾으려고 노력하였다. 그것은 사물과 행위에서 그명칭과 본분, 역할과 기능을 일치하려는 노력으로 드러났다. 아울러 서계에게서 중용은 본성을 따르는데 힘쓰는 것으로 인식되고, 내 마음의 밝은 것을 따라 실천하는 사람의 길로 정돈된다. 이는 객관적으로 사람과 사물의 원리를 설명하는 주자의 사유와는 다른 측면으로, 인간 주체로서의 삶에 역동성을 부여하면서 실천의 기초로서 강력한 실제성과 현실성을 지닌다. 따라서 중용의 실천양식은 실제적인 효를 무게중심에 두고 전개되고, 사람이 그것을 어떻게 실천하느냐에 따라 천도(天道)에도 이룰 수 있다는 인간 주체의 발현으로 나타난다. 요약하면 서계는 중용을 관념적이고 이론적이며 형이상학적 차원으로 인식하기보다는 실제적이고 실천적이며 형이하학적 차원에서 규명하였다. 이는 인간을 중심으로 세계를 이해하고 사람의 길을 고심한 사유의 실천으로 유학의 본질을 탐구한 학문 정신의 전개이다.

• 기술사
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• 제38권2호
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• pp.60-63
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• 2005

Firstly, the author suggests a new term of the "Pro-Engineer's Doctrine" on every engineering work. This renewed term should be in their minds who are doing any kinds of scientific and technological works in his/her field. The term, "doctrine", is based on a wise sage, renewedly, so-called "The Way of the measuring squire(혈矩之道)" saying in one of the Oriental classics. Also, he explains here another term, "Investigation of things, attainment of knowledge(格物致知)" that is very similarity to the "Pro-Engineer's Doctrine" from the same book.

• 기술사
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• 제37권1호
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• pp.38-42
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• 2004

The term of ‘the Basic Engineering-Doctrine’implies that “doing more with less”, which had been resulted in a proliferation of “technical slaves”capable of substituting for human labor or animal power during the 1760’s Industrial Revolution, Recently with the downsizing this has been also used to be as a basic concept of every company in Korea. Basically the word is based on a conception of energy conservation for human activities.

• 인문언어
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• 제5권
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• pp.193-217
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• 2003

This paper aims to infer conversational implicatures from Chief Priest Sung-chul′s Nirvanic song in light of the Buddhist view of language and its communicative functions. Zen-dialogs in which nirvanic songs are classified are defined as rational dialogs, which in fact observe the rules of conversation such as the ones proposed by Paul Grice (1975) even though they apparently ignore the rules. This paper also addresses the formal characteristics of the Priest′s nirvanic song and argues that the song exploits the rules of conversation using the whole song as an implicature trigger. Taking it for granted that Chief Priest Sung-chul holds the view on language and its communicative functions just as specified in the Doctrine of Mere Consciousness, which is one of the major tenets of Korean Buddhism, especially of the Chogye order, this paper tries to explicitly show and systematize the language-to-world relationship, which is only alluded to in the Doctrine of Mere Consciousness. This paper also refines the assertion of the doctrine as to the nature of language, which maintains that language is not associated with either the mind or outer objects (that is, an unassociated dharma), and is "a shared thing among shared things." This shows that language continuously interacts with the mind in a different way from the ones in which associated mental activities (caittas) interact with the mind and that accordingly, language is "an unshared thing among shared things."