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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.

The Effects of Musculoskeletal Disorder Prevention Exercise Program Considering Agricultural Work Posture (농작업 자세를 고려한 근골격계 질환 예방 운동프로그램의 효과)

  • Park, So-Yeon;Kim, Jin-Kyung
    • The Journal of Korean society of community based occupational therapy
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    • v.3 no.1
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    • pp.1-10
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    • 2013
  • Objective : This study investigates the impact of the musculoskeletal disorder prevention exercise program designed on the basis of agricultural work posture on the balance ability, Oswestry Disability level, and Psychosocial stress of participants from one rural village in Chungnam area. Method : The exercise program was provided to 21 farmers with musculoskeletal symptoms living in one village in Chungnam area. Such program was performed once a week, 90 minutes per session, for a total of twelve weeks from July 10 to October 11, 2008, and was constructed in a way to increase flexibility and muscular strength, taking agricultural work posture into account. The balance ability, Oswestry Disability Index, and Psychosocial Well-being Index scores were analyzed based on the data of 13 of the farmers who participated in the program for more than eight times and in all of the pre- and post-assessments. Result : Thirteen participants were all women who were 70.55(${\pm}6.78$) years old on average. Most of them were engaged in general dry-filed farming. The parts where they mainly felt the pain were low back(69.2%) and knees(61.5%), and 46.2% responded 'not healthy' to the question on the overall health status. The static balance ability when standing on the right foot significantly increased from the average 9.27(${\pm}5.53$) seconds before intervention to 14.22(${\pm}5.47$) seconds after intervention(p<.05). The Oswestry Disability Index showed a significant change, decreasing from the average 19.84(${\pm}6.89$) seconds to 14.38(${\pm}7.58$) seconds(p<.05). However, there was no change in the Psychosocial Well-being Index. Conclusion : This exercise program that has been conducted for the female farmers who are mainly engaged in the dry-filed farming has contributed to the improvement of their static ability and reduction of their Oswestry Disability Index scores. It is expected that the studies on the effects of the differentiated exercise programs depending on work characteristics will make progress in the future.

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The Prediction of Currency Crises through Artificial Neural Network (인공신경망을 이용한 경제 위기 예측)

  • Lee, Hyoung Yong;Park, Jung Min
    • Journal of Intelligence and Information Systems
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    • v.22 no.4
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    • pp.19-43
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    • 2016
  • This study examines the causes of the Asian exchange rate crisis and compares it to the European Monetary System crisis. In 1997, emerging countries in Asia experienced financial crises. Previously in 1992, currencies in the European Monetary System had undergone the same experience. This was followed by Mexico in 1994. The objective of this paper lies in the generation of useful insights from these crises. This research presents a comparison of South Korea, United Kingdom and Mexico, and then compares three different models for prediction. Previous studies of economic crisis focused largely on the manual construction of causal models using linear techniques. However, the weakness of such models stems from the prevalence of nonlinear factors in reality. This paper uses a structural equation model to analyze the causes, followed by a neural network model to circumvent the linear model's weaknesses. The models are examined in the context of predicting exchange rates In this paper, data were quarterly ones, and Consumer Price Index, Gross Domestic Product, Interest Rate, Stock Index, Current Account, Foreign Reserves were independent variables for the prediction. However, time periods of each country's data are different. Lisrel is an emerging method and as such requires a fresh approach to financial crisis prediction model design, along with the flexibility to accommodate unexpected change. This paper indicates the neural network model has the greater prediction performance in Korea, Mexico, and United Kingdom. However, in Korea, the multiple regression shows the better performance. In Mexico, the multiple regression is almost indifferent to the Lisrel. Although Lisrel doesn't show the significant performance, the refined model is expected to show the better result. The structural model in this paper should contain the psychological factor and other invisible areas in the future work. The reason of the low hit ratio is that the alternative model in this paper uses only the financial market data. Thus, we cannot consider the other important part. Korea's hit ratio is lower than that of United Kingdom. So, there must be the other construct that affects the financial market. So does Mexico. However, the United Kingdom's financial market is more influenced and explained by the financial factors than Korea and Mexico.

Strategies about Optimal Measurement Matrix of Environment Factors Inside Plastic Greenhouse (플라스틱온실 내부 환경 인자 다중센서 설치 위치 최적화 전략)

  • Lee, JungKyu;Kang, DongHyun;Oh, SangHoon;Lee, DongHoon
    • Journal of Bio-Environment Control
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    • v.29 no.2
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    • pp.161-170
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    • 2020
  • There is systematic spatial variations in environmental properties due to sensitive reaction to external conditions at plastic greenhouse occupied 99.2% of domestic agricultural facilities. In order to construct 3 dimensional distribution of temperature, relative humidity, CO2 and illuminance, measurement matrix as 3 by 3 by 5 in direction of width, height and length, respectively, dividing indoor space of greenhouse was designed and tested at experimental site. Linear regression analysis was conducted to evaluate optimal estimation method in terms with horizontal and vertical variations. Even though sole measurement point for temperature and relative humidity could be feasible to assess indoor condition, multiple measurement matrix is inevitably required to improve spatial precision at certain time domain such as period of sunrise and sunset. In case with CO2, multiple measurement matrix could not successfully improve the spatial predictability during a whole experimental period. In case with illuminance, prediction performance was getting smaller after a time period of sunrise due to systematic interference such as indoor structure. Thus, multiple sensing methodology was proposed in direction of length at higher height than growing bed, which could compensate estimation error in spatial domain. Appropriate measurement matrix could be constructed considering the transition of stability in indoor environmental properties due to external variations. As a result, optimal measurement matrix should be carefully designed considering flexibility of construction relevant with the type of property, indoor structure, the purpose of crop and the period of growth. For an instance, partial cooling and heating system to save a consumption of energy supplement could be successfully accomplished by the deployment of multiple measurement matrix.

A Case Study on the Risk Sharing Structure of Service Contracts in Global Logistics Outsourcing: Comparison of Korea with Foreign Companies (국제물류 계약에서 리스크 공유에 대한 계약서 조항 사례연구 : 국내와 해외 기업 간 비교를 중심으로)

  • Kim, Jin-Su;Song, Sang-Hwa
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.35-65
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    • 2013
  • In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

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Quality characteristics of fried fish paste with squeezed Aronia melanocarpa juice (아로니아 착즙액 첨가 튀김어묵의 품질특성)

  • Yun, Jae-Ung;Jung, Ko-Eun;Kim, Dong-Hyun;Nam, Ki-Ho;Sim, Kil-Bo;Jang, Mi-Soon
    • Food Science and Preservation
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    • v.24 no.1
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    • pp.13-20
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    • 2017
  • This study was carried out to investigate the quality characteristics of fried fish paste prepared with different amounts of squeezed Aronia melanocarpa juice. Squeezed Aronia melanocarpa juice (AMJ) was incorporated into fish paste at different levels (containing 2, 7, and 12 g of Aronia melanocarpa juice in 2 AMJ, 7 AMJ, and 12 AMJ, respectively) based on the total weight of water. Sugar contents and total acidity increased with increasing AMJ content. With increasing amounts of AMJ in fried fish paste, L value inside and on the surface decreased, a value increased, and b value inside decreased, whereas b value on the surface increased. pH decreased with increasing levels of AMJ. As the result of textural properties, folding test in all samples showed that AA means good flexibility. The strength, hardness, and chewiness of fried fish paste with AMJ increased while cohesiveness was not significantly different. Total polyphenol contents increased with higher levels of AMJ. DPPH radical scavenging activity was significantly higher than those of the control. In the sensory evaluation, fried fish paste containing 7 AMJ received the highest score than both the control and other samples.

Flexible Specialization: A New Paradigm for Modern Industrial Society ? (柔軟的 專門化(Flexible Specialization) : 현대 産業社會의 새로운 패러다임 ?)

  • Lee, Deog-An
    • Journal of the Korean Geographical Society
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    • v.28 no.2
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    • pp.148-162
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    • 1993
  • There is much speculation that modern capi-talist society is undergoing fundamental and qualitative chnge towards flexible specialization. The purpose of this study is to examine this hypothesis. This paper focusses on: the idea of flexible specialization; the significance of this transition; industrial district; and the implicati-ons of this new production system for Korean industrial space. Main arguments of this study are as follows: First, as all different groups of researchers apply the idea of flexible specialization according to their own specifications, the current debate on this topic is not much fruitful. Not surpri-singly, the concept of flexible specialization has overlapped with subocontracting. This intergration of subcontracting into flexible specialization systems, however, is inappropriate because the two concepts have different historical contexts. The other cause of this controversy is its inherent weekness, conceptual ambiguity. Thus, today's flexibility becomes tomorrow's rigidity. Secondly, transition towards flexible speciali-zation has only been partially achieved even in advanced capitalist countries. The application of dualistic explanatory framework, such as rigidity versus flexibiity, mass production versus small-lot multi-product production, and de-skilling versus re-skilling, has resulted in great exaggeration of the transformation, from Fordism to post-Fordism. There is no intermediary part between two places. Considering that the workers allocated to the Fordist mass production assembly line are not as large as one might imagine, the shift from mass to flexible production has only limited implications for the transformation of capitalist economy. Thirdly, 'industrial district' contorversy has contributed to highlighting the importance of small firms and areas as production space. The agglomeration of small firms in specific areas is common in Korea, but it is quite different from the industrial district based on flexible specialization. The Korean phenomenon stems from close interactions with its major parent firm rather than interactions between flexible, specialized, autonomous and technology-intensive smll firms. Most Korean subcontractors are still low-skilled, labour-intensive, and heavily dependent on their mojor parent firms. Thus, the assertion that the Seoul Metropolitan Area adopts flexible specialization has no base. Fourthly, the main concern of flexible speciali zation is small firms. However, the corporate organization that needs product diversification and technological specialization is oligopolistic large corporations typified by multinational corporations. It is because of this that most of these organizations are adoptiong Fordist mass production methods. The problem of product diversification will be resolved naturally if economic internationalization progresses further. What is more important for business success is the quality and price competitiveness of firms rather than product diversification. Lastly, in order to dispel further misunderst-anding on this issue, it is imparative that the conceptual ambiguity is resolved most urgently. This study recommends adoption of more speci-fied and direct terminology (such as, factory automation, computer design, out-sourcing, the exploitation of part-time labor, job redesign) rather than that of ideological ones (such as, Taylorism, Fordism, neo-Taylorism, neo-Fordism, post-fordism, flexible specialization, peripheral post-Fordism). As the debates on this topic just started, we still have long way to go until consensus is reached.

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A Study of the Planning Process, Design Idea and Implementation of the Gwanghwamun Plaza (광화문광장 조성과정 및 설계 연구)

  • Shin, Hyun-Don;Zoh, Kyung-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.4
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    • pp.24-41
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    • 2013
  • This study aims to investigate the complex planning processes and design ideas of the Gwanghwamun Plaza which was opened in 2009. The opening of the plaza was significant as it was built in order to restore the symbolic meaning of axis in the historical Joseon Dynasty that was distorted during the Japanese Imperialism. The plaza itself attracts many citizens and tourists by providing the empty ground carrying historical ambiences around. In this paper, the story of the Gwanghwamun plaza will be summarized. Particularly, the background of promoting the project will be discussed and the whole planning process will be dealt with. The plaza was realized through several stages. First, the planning stage will be reviewed. The planning stage had been a quite long process since the initial idea was discussed. Since the early 90s, the political decision of making the plaza was made through the change of people's understanding toward public space. At this stage, the city government worked together with diverse citizens and professionals to share the vision and to realize the right decision in making the plaza. Second, the design stage will be elaborated in detail. This is the second design stage. The former was the idea competition and the latter was the turn-key base. The final design scheme emphasized the restoration of symbolic axis and the forgotten Yukjo Street. The scheme consists of four zones such as history restoration zone, prospect and history representation zone, culture zone, and the urban zone. Through the whole design process, the original idea remained as it was. The design concept was "a place of memory and prospect." It emphasizes the history representation, view corridor, cultural activities platform as well as the emptiness and flexibility of the basic premise of the plaza. Finally, the construction stage will be discussed. There were some additions and omissions in the construction process. The design chances in the construction stage will be reviewed in detail. After the opening of the plaza, there were some changes in the detail design. We will discuss how and why these modifications were made. In the end, the social and cultural implication of the plaza will be discussed. The storytelling of the Gwanghwamun Plaza will contribute to the clear understanding of planning and design process of pubic places. Based on this reflection, we are able to think about some suggestions of public projects for the future.

Evaluation Criteria and Preferred Image of Jeans Products based on Benefit Segmentation (진 제품 구매자의 추구혜택에 따른 평가기준 및 선호 이미지)

  • Park, Na-Ri;Park, Jae-Ok
    • Journal of the Korean Society of Clothing and Textiles
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    • v.31 no.6 s.165
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    • pp.974-984
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    • 2007
  • The purpose of this study was to find differences in evaluation criteria and to find differences in preferred images based on benefits segmented groups of jeans products consumers. Male and female Korean university students participated in the study. Quota sampling method was used to collect the data based on gender and a residential area of the respondents. Data from 492 questionnaires were used in the analysis. Factor analysis, Cronbach's alpha coefficient, cluster analysis, one-way ANOVA, and post-hoc test were conducted. As a result, respondents who seek multi-benefits considered aesthetic criteria(e.g., color, style, design, fit) and quality performance criteria(e.g., durability, ease of care, contractibility, flexibility) more importantly when evaluating and purchasing jeans products. Respondents who seek brand name considered extrinsic criteria(e.g., brand reputation, status symbol, country of origin, fashionability) more importantly than respondents who seek economic efciency. Respondents who seek multi-benefits such as attractiveness, fashion, individuality, and utility tend to prefer all the images: individual image, active image, sexual image, sophisticated image, and simple image when wearing jeans products. Respondents who seek fashion are likely to prefer individual image, and respondents who seek brand name more prefer both individual image and polished image. Mean while, respondents who seek economical efficiency less prefer sexual image and polished image.

A Study on the Characteristics of Museum Projects by Richard Meier (리챠드 마이어의 미술관 특성에 관한 연구)

  • 김용립
    • Archives of design research
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    • v.12 no.4
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    • pp.231-241
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    • 1999
  • This study propose to analyze the design method and the form elements of museums, of works by Richard Meier, and through the analysis, spacial characteristics of museums will be understood. The museum works of Richard Meier, as an exhibition space, not only display the art works efficiently, but they also offer visitors the opportunity to experience the art of architecture, as a cultural space. Richard Meier, when working on the projects, has utilized the design methods and the architectural language, learned from Mies van der Rohe and Le Corbusier, resourcefully. Having the structural grid as basis, the rational rectangular forms were intended for exhibition space, while the circular and partial circular forms of geometry were utilized in formative space. This was able to maintain the balance between functional and formative space. In the museums of his works, the ramp and the glass wall separated from the structure become very important means of expression. The ramps, not only make people to enjoy the interior and exterior of museum, but also able them to see the works of art from different distances and angles repeatedly and the large glass wall reveals the various shapes of interior to exterior. In comparing with the design method and language of two masters mentioned, the design principles and elements, developed by Meier were applied to the site plans, exhibition space planning and elevations to manifest its originality. The design concept, derived from the urban fabric and historical buildings around, gave harmony to the museum with its surroundings, and employing the deformed axis brought variation and the effect of diversion to the site plan. The exhibition space is much vitalized by the well arrangement of various exhibition fixtures in the museum. The exhibion fixtures, which the partitions, shelves, miches, and stages were put together in flexibility, play multiple roles as partitions dividing spaces, as furniture displaying art works, and as elements creating forms. The systematically arranged fixtures, also produce several visual axes and centers, which have visitors appreciate the works of art in various perspectives, hence create a unique environment.

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