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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 of the History of Korean Public Library after the Korean Liberation Day - An Emphasis on the influence of public Libraries System under the Japanese Imperialism- (광복이후 한국 공공도서관사 연구 -일제하 공공도서관제도의 영향을 중심으로-)

  • Kim Po Ok
    • Journal of the Korean Society for Library and Information Science
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    • v.20
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    • pp.65-125
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    • 1991
  • The study has tried to analize and appraise how did public library system under the Japanese imperialism affect the establishment and managemant of Korean public libraries. To achieve the purpose of the above-mentioned study, the contents of $\ulcorner$Japanese library statute$\lrcorner$ under Japanese imperialism and the current $\ulcorner$Korean library law$\lrcorner$ have been mutually compared, at the same time, the vestiage of Japanese imperialism in view of the establishment, personnel administration and reading systems have been concretely investigated, analyzed and compared. The conclusions obtained from the above are as followings. 1. In those days of the Korean Liberation, the situation of Korean public libraries was such as it under the Japanese rule and so, their names were only changed. However, as a part of its independent activities, the national library have once carried out the various programs such as the training of professional librarians, the establishment of the new classification schedule and the chief Librarian and deputy Librarian from the professional librarians in the office regulations, and they were well worth being the good examples for today's Korean library circle. Though the Goverment of the Republic of Korea had been formally established, the situation of the library circle was very dull owing to the Korean war for a long time. In 1963, $\ulcorner$The Korean library law$\lrcorner$ was promulgated, but the establishment of public libraries did not give satisfactory results because of the institutional fragility. In the 1980's the importance of library was embossed from the viewpoint of life-long education and the number of libraries was increased. However, there were still the remaining vestiges of Japanese library system in the practical library services. 2. After the Korean Liberation, the influnces of public library system under the Japanese imperialism showed in the office regulation of national library and the Korea library Law were also in the legal mechanism. In particular, the regulations of $\ulcorner$The staff-member of public library$\lrcorner$ and $\ulcorner$Admission fee of public library$\lrcorner$ including the chief librarian have referred to the library system under the Japanese imperialism since the liberation day to date. 3. At that time of the Korean Liberation, the U.S.Military Government Office had decided that the public library administration should be attached to the administration of local and internal affairs in accordance with the Japanese administative system. As a result, the public libraries had been forced to be indirectly affected by public library system under the Japanese imperialism for twenty years since the Liberation. 4. Since the Liberation, the personnel adminstration of public library has been so far on the steps of model under the Japanese imperialism. As the result of the field survey, the position standards of local chief librarians, non-professional character, the extra post system and the preponderant appointment of non-professional offices have analyzed by the influence of Public library system under the Japanese imperialism. Therefore, the Government authorities-concerned must readjust the standards of qualification and the divided duties corresponding to the position of public library staff members and to stipulate expressly in the revised library law. In addition, the regulation of the admission fee should be also actively detected for the free adminssion of library users. 5. Since the Liberation Day, the reading methods of public library have been so far similar to reading method under the Japaness imperialism. For example, the admission fee levied, the complicated procedures of using books including entrance and exit of a library, no-admission system, the limited lending books, the deposit system of outdoor lending books and the surety liable jointly and severally are originally caused by bureaucracy of under the Japanese imperialism. Therefore, the public libraries should make an offer space and opportunities which can enjoy freedom to the gull in future. The procedures and standards of library users will be simplified, if possible. As the above-mentioned, the actual conditions of Korean public libraries have been examined and analyzed. As the result of it, there are still the remaining vestiges of public library system under the Japanese imperialism in the establishment and management of the nation-wide public libraries. Such the remnants are an obstacle to the democratic development of public libraries and so, the authorities-concerned should take the proper-measures as soon as possible.

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The Changes of System Design Premises and the Structural Reforms of Korean Government S&T Development Management System (시스템 설계전제의 변화와 공공부문 과학기술발전관리시스템 구조의 개혁)

  • 노화준
    • Journal of Technology Innovation
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    • v.5 no.2
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    • pp.1-21
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    • 1997
  • The objective of this paper is to think about what structural reforms of the Korean government S&T development management system might be. Korean society is currently experiencing a drastic socio-economic transformation. The results of this transformation should be reflected on the determining process of the directions and breadths of structural reforms of government S&T development management system. Because the government system design will be based on the premises of socio-economic conditions under which administrative activities perform and also this socio-economic changes can influence on changes of the premises of government management system design. Moreover, S&T development management system is a subsystem of government system so that the directions of structural reform of those subsystems should be considered in the broad framework changes in the development management system of the government. For the last forty years, the Korean government S&T development management system has been based on the premises including transformation from an agrarian society to an industrial society, authoritarianism and centrally controlled institutions, and exteremely small portions of private investments for science and thechonology R & D of the total. Recently, however, the premises of Korean government S&T development management system have rapidly changed. the characteristics of these changes are including tranformation from an industrial society to a knowledge and information intensive society, globalization, localization, and relatively large portion of private investments for science and technology R & C of the total. The basis of government reforms in Korea was the realization of the performances and values through the enhancement of national competitive capacity, attainment of lean government, decentralization and autonomy. However, the Korean government has attached a symbolic value of strategic organizations representing strong policy intentions of government for the science and technology based development. Most problems associated with the Korean government S&T development management system have grown worse during 1990s. Many people perceive that considerable part of this problem was generated because the government could not properly adapt itself to new administrative environment and the paradigm shift in its role. First of all, the Korean government S&T development management system as a whole failed to develop an integrated vision under which processes in formulating science and thechology development goals and developing consistent government plans concerning science and technology development are guided. Second, most of the local governments have little organizational capacity and manpowers to handle localized activities to promote science and technology in their regions. Third, the measure to coordinate and set priorities to invest resources for the development of science and technology was not effective. Fourth, the Most has been losing its reputation as the symbol of ideological commitment of the top policy maker to promote science and technology. Various ideas to reform government S&T development management system have been suggested recently. Most frequently cited ideas are as follow : (ⅰ)strengthen the functions of MoST by supplementing the strong incentive and regulatory measures; (ⅱ)create a new Ministry of Education, Science & Technology and Research by merging the Ministry of Education and the MoST; (ⅲ)create a new Ministry of Science & Technology and Industry ; and(ⅳ)create a National Science and Technology Policy Council under the chairmanship of the President. Four alternatives suggested have been widely discussed among the interested parties and they each have merits as well as weaknesses. The first alternative could be seen as an alternative which cannot resolve current conflicts among various ministries concerning priority setting and resource allocation. However, this alternatives can be seen as a way of showing the top policymaker's strong intention to emphasize science and technology based development. Second alternative is giving a strategic to emphasize on the training and supplying qualified manpower to meet knowledge and information intensive future society. This alternative is considered to be consistent with the new administrative paradigm emphasizing lean government and decentralization. However, opponents are worrying about the linkages and cooperative research between university and industry could be weakening. The third alternative has been adopted mostly in nations which have strong basic science research but weak industrial innovation traditions. Main weakness of this alternative for Korea is that Korean science and technology development system has no strong basic science and technology research traditions. The fourth alternative is consistent with new administrative paradigms and government reform bases. However, opponents to this alternative are worried that the intensive development of science and technology because of Korea's low potential research capabilities in science and technology development. Considerning the present Korean socio-economic situation which demands highly qualified human resources and development strategies which emphasizes the accumulations of knowledge-based stocks, I would like to suggest the route of creating a new Ministry of Education, Science & Technology and Research by intergrating education administration functions and science & technology development function into one ministry.

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THE CHARACTERISTICS ON THE DENTAL EMERGENCY PATIENTS OF WONJU CHRISTIAN HOSPITAL FOR LAST 10 YEARS (원주기독병원 응급실로 내원한 치과 응급환자에 관한 임상적 연구)

  • Moon, Won-Kyu;Jung, Young-Soo;Lee, Eui-Wung;Kwon, Ho-Keun;Yoo, Jae-Ha
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.30 no.1
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    • pp.34-42
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    • 2004
  • The appropriate care to the dental emergency patients is much important in the aspect of community dental service. To attain such a purpose, the sacred duty of the training of oral and maxillofacial surgeons is required. So, a retrospective study on the characteristics of dental injuries and diseases in emergency care unit will be very meaningful. This study was carried by reviewing the charts and radiographic films of 3,394 patients, treated for dental emergency at Wonju Christian Hospital, Republic of Korea, from January 1, 1993 to December 31, 2002. All patients were classified to 6 groups including trauma, toothache, infection, hemorrhage, TMJ disorder and the others. The clinical characteristics of diseases and treatment modalities according to each group were analyzed. The trauma (73.9%) was the most frequent cause in dental emergency patients, and acute toothache, odontogenic infection, oral hemorrhage, and TMJ disorder were next in order. Gender prediction was male (68%), there were many patients on May and December in the monthly frequency, and the most frequent age group was from 0 to 9 years. In the trauma group, male (68.6%) was predominant, and soft tissue injuries and primary closures were the most frequent type of injury and treatment. In jaw fractures, traffic accidents were the most cause and the weakest site was mandibular symphysis area, and mandibular angle, condyle, and body area were next in order. In the acute toothache group, the cause was dental pulpitis mostly and treatment for that was drug administration mainly. Buccal space abscess in infection group had the largest incidence (24.5%), and common treatments were incision and drainage and medications. In the hemorrhage group, a major cause was postoperative bleeding (60.3%) and hemostasis was obtained by pressure dressing, curettage and suture. For the TMJ disorder group, the peak incidence (63.8%) was shown in the post-traumatic myofascial pain dysfunction syndrome and its primary care was medication such as analgesics and sedatives. In the other group, the various specific symptoms were complained due to acute sialadenitis, trigeminal neuralgia, acute stomatitis, chemical burn, terminal stage neuritis of head and neck cancer, and foreign body aspiration. In conclusion, for the rapid and proper care of the emergency dental diseases, well-trained education should be presented to the intern and resident course of oral and maxillofacial surgery. And it is demanded that oral and maxillofacial surgeons must be prepared in knowledge and skill for such emergency care.

An Analysis on the Results of Korean Special Library Management Evaluation Conducted in the Year 2012 (전문도서관 운영평가의 분석 및 진단에 관한 연구 - 2012년도 운영평가 결과를 중심으로 -)

  • Han, Jong Yup;Cha, Sung-Jong
    • Journal of the Korean Society for Library and Information Science
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    • v.47 no.3
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    • pp.407-435
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    • 2013
  • The purpose of this study is to have the development of special libraries in Korea and produce policy alternatives and current implications as well as to analyze the management evaluation of Korea special libraries in 2011. The evaluation of 39 detailed index scored at 51.8 out of 100. There were five evaluation territory. Among them, the facility environment's score was the highest as 77.3 and manpower was 53.5, library management were 51.0. The information resource and service territory were analyzed under 50 as scored 49.3 and 45.4. Closely look at the detailed index, the highest index was 'user amenity' (96.7) from facility environment and the lowest index was 'participation record of the long-term educational training of library staff' (13.0). This study diagnosed current management of libraries and problem as well as to analyze the result of administration evaluations of special libraries in nation throughout 2012. The institution type of special libraries in Korea is very varied such as central administrative agency, government-funded research institute, local government, and education office in local-affiliated institute, business, private organization, hospital, the press and so on; therefore, the analysis result can be utilize for basic information to provide future special libraries type in order to make differentiated policy making.

Measuring external Radiation dose Ratio by Traits of Patients during Positron Emission Tomography(PET) (양전자단층촬영(PET)시 환자의 특성에 따른 외부 방사선량률 측정)

  • Cho, Yong-Gwi;Kim, Sung-Chul;Ahn, Sung-Min
    • The Journal of the Korea Contents Association
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    • v.13 no.12
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    • pp.860-868
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    • 2013
  • The purpose of this study is to ensure safety by measuring External radiation dose ratio (ERDR) by traits of patients in many ways after administering radiopharmaceutical($^{18}F$-FDG) for PET Torso scan, and to decrease ERDR of those to RI technologist, caretakers, and those who frequently exposed to radiation by arousing attention to radiation dose. Radiopharmaceutical was administered to 80 patients who conducted PET Torso from January to June, 2013. Radiation dose emitted from the patients was measured according to body shape(BMI), water hydration, height, amount of radiation administration. From the moment immediately after the radiopharmaceutical was administered, ERDR was measured by personal traits of patients. The radiation dose increased in proportion to the administered amount of the radiopharmaceutical, and there was no significant difference depending on the body shape of the patients. When water was supplied and the height was normal, the radiation dose was lower compared with the cases where water was not supplied and height was not normal. There is a need for making efforts to minimize the working time through sufficient education and mock training before those who RI technologist with sources of radiation for complying the radiation safety management rule. And they should minimize the ERDR by wearing a protective gear.

Effects of Campus Life Stress, Stress Coping Type, Self-esteem, and Maladjustment Perfectionism on Suicide Ideation among College Students (대학생의 대학생활 스트레스와 대처방식, 자아존중감, 부적응적 완벽주의가 자살생각에 미치는 영향)

  • Park, Seon-Uk;Kim, Mi-Kyeong
    • Korean Journal of Clinical Laboratory Science
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    • v.50 no.1
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    • pp.63-70
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    • 2018
  • The purpose of this study was to analyze the factors affecting suicidal ideation, and suggest the implications for suicide prevention policy among college students based on that analysis. Empirical model including the affecting factors, such as college life stress, stress coping type, self-esteem, and maladjustment perfectionism, was developed based on the previous studies. The data were collected from 350 college students at Busan Metropolitan City areas using a self-administered structured questionnaire. The major results of this study are as follows. First, suicidal ideation was significantly lower among students with higher campus life satisfaction. Second, significant positive affecting factors on suicidal ideation were maladjustment perfectionism, interpersonal stress, boys, emotion-oriented coping type, whereas, negative factors were self-esteem. Among the significant affecting factors, self-esteem had the greatest influence. These results suggest that measures improving college life satisfaction and education and training programs for improving human relation skills and stress-coping types, mitigating maladjustment perfectionism, and enhancing self-esteem should be explored and executed properly.

Progress in Regional Geographical Studies of America in the Age of Globalization (세계화시대의 아메리카지역 연구)

  • Hong, Keum-Soo
    • Journal of the Korean association of regional geographers
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    • v.10 no.2
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    • pp.267-285
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    • 2004
  • Globalization has been the buzzword during the past couple of decades, embroiling humankind into the inescapable maelstrom of homogenization. Some critics identify the globalization process undergoing in the realms of politics, economy, culture and ecology with Americanization which entails Neoconservatives' scheme to stretch out the hegemony of the United States. The top-down transcontinental movement, however, deems to confront localization or a reasoned resistance from the local driven by the spiritual attachment to places and, in that sense, regional identity. What is needed to cope with this complex circumstance of glocalization is to be acquainted with beth the global sense of the local and the localized sense of the global at once. For this, it seems indispensible to do justice to area studies. As far as American studies are concerned, this research field has so far been tainted by an overdose of politics, economics, business administration, law and sociology. Regional analysis which constitutes the reason d'etre of the discipline of geography has remained marginal to the political economic mainstream. It is the mounting concerns about America and enhanced research caliber that raises the regional geographical studies of America on the right track. Particularly, a number of articles have been published since the mid-1990s owing to the combined efforts of practitioners, institutions and periodicals. It is expected that systematic training of new generation of American specialists, advance in research infrastructure, and generous funding will stimulate geographical investigation of America in the coming future.

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Determinant Factors of Service Orientation for Human Resources of Long Term Care Facility (노인장기 요양시설 종사원의 서비스 지향성 결정요인에 관한 연구)

  • Lee, Seong-Duck;Hwang, Yong-Cheol
    • The Journal of Industrial Distribution & Business
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    • v.9 no.10
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    • pp.39-50
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    • 2018
  • Purpose - This study is to propose discriminative management strategies to long-term care facilities based on the empirical analysis after reviewing the effects of social support, perceived by long-term care facility employees, to service orientation. Research design, data, and Methodology - The research model designed social support, job stress, organizational commitment, and service orientation. The survey collected data from 453 customers in a long-term care facility in jeju. The SPSS 18.0 package was used for analysis. Results - First, social support for long-term care facility employees has a negative(-) effect to job stress. Test results, social support factors except appraisal support had a negative impact on job stress. Second, social support has a positive(+) effect to organizational commitment. Test results, informational support, tangible support and appraisal support had significant effects on organizational commitment. However, emotional support had a positive impact on affective commitment and normative commitment. Third, social support has a positive(+) effect to service orientation. Test results had a positive impact. Fourth, job stress has a negative(-) effect to organizational commitment. In the test results, employee's continuance commitment and normative commitment had significant negative effects in job stress. However, affective commitment had no significant impact. Fifth, job stress has a negative(-) effect to service orientation. Test results showed a negative impact. Conclusions - The study implies the following. First, that there should be a change in the social perception of long-term care facilities. 'Long-Term Care Insurance for The Elderly' was enacted to emphasize this responsibility for the elderly problems as a new system. Enactment of this Act was expected to improve the quality of life of the people by stabilizing the elderly life and reducing the burden of families. Therefore, long-term care facility system should be as efficient as possible for making plans for systematic and organizational support. Second, the efforts of facility managers to minimize job stress of employees is necessary. Accordingly, performing spontaneous work is required for a comfortable working environment and management. Third, the systematic education and training to employees for service oriented behavior of the facility will be required in the long term.

A study on the Affecting Influence Factors and Business Performance in Application of KMS in Public Sector (공공부문의 지식관리시스템 활용에 미치는 영향 요인과 성과에 관한 연구)

  • Koo, Boung-Gwan;Yi, Seon-Gyu
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.11 no.6
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    • pp.1978-1990
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    • 2010
  • This study, centered on public institutions that introduced and are using Knowledge Management System(KMS), is a study of affecting influence factors for utilization and satisfaction. In case of public institutions, they introduced in earnest knowledge management system starting second half of 1999 and most branches of the government such as Department of Defence, Ministry of Government Administration and Home Affairs and Ministry of Planning and Budget have laid the foundation and been managing the system. As a result understanding convenience and need of knowledge management system and awareness for importance of knowledge asset are proliferating. But there is a lot of difference in utilization of KMS by work unit and also can find that the difference exists among users in terms of satisfaction. This is expected as having influence from chief officer's concern, support of exclusively responsible personnel factor, whether education training was given, KM process support etc. for KMS. Therefore this study draws subordinate factors of organization characteristic, knowledge information characteristic, strategy characteristic as influence factors to KMS and analyzes how these subordinate factors influence utilization and satisfaction of KMS to suggest a way to catalyze knowledge management system in the future.