• Journal of Arbitration Studies
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• v.23 no.4
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• pp.77-96
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• 2013

International Arbitration has distinguished itself as a method for dispute resolution that pleases both common and civil law practitioners. It, however, is not free of criticism, especially when fact-finding and evidentiary issues are at play. Perhaps because fact-finding is very closely linked to the culture in which they lie, perhaps because of the lack of a clear evidentiary rules governing international arbitration, a theory of evidence in international arbitration is still far fetched. Through the analysis of the distinctions between dispute resolution systems and the search for truth paradigm, this paper aims to develop and present an outline for the development of a theory of evidence in international arbitration.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.47-73
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• 2017

Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

• Journal of the Korea Convergence Society
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• v.11 no.6
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• pp.341-347
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• 2020

This study was conducted to identify the oral function problems of workers according to Korean Standard Classification of Occupations (KSCO) and to provide evidentiary material to promote them to revise the Occupational Safety and Health Act so that workers can benefit from the collective oral healthcare project. For the research materials, it was used the 7th raw data (1st and 2nd) of National Health and Nutrition Examination Survey. It was examined the problems of chewing and speaking for the workers over 19 years old by KSCO. The connection between the types of workers and the problems of chewing and speaking has been confirmed (p<0.05). In order to improve the workers' oral healthcare, the collective oral healthcare project should be implemented. Therefore, the Occupational Safety and Health Act should be revised to hire professional health care manager with expertise, who will be host of the collective oral healthcare project.

• (The) Research of the performance art and culture
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• no.25
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• pp.31-56
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• 2012

This paper were reviewed on some problems in the early history of Chinese dance written by scholars of contemporary China. Results of the review, were found the following problems; First, In describe to the early history of Chinese dance, contemporary Chinese scholars do not distinguish myths, legends and historical materials, so the history of ancient Chinese dance makes to mystery, thus, eventually will cause a lack of truthfulness. Second, In order to fill the lack in the early history of Chinese dance, the Chinese scholar often use a drawing of earthenware or mural. However, in certain cases, the same drawing by the other observer to be interpreted differently. In this case, if use as evidentiary material, there is a problem. Third, Most contemporary Chinese scholars usually say that the origins of dance is labor. It is to have originated from materialistic historical view can be said. However, in ancient China, but rather about the origin and function of dance there were diverse views. Therefore, this aspect should be cautious.