• Journal of Arbitration Studies
• /
• v.31 no.1
• /
• pp.129-154
• /
• 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.

• Korea Trade Review
• /
• v.44 no.1
• /
• pp.177-191
• /
• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

• The Journal of the Korea Contents Association
• /
• v.21 no.5
• /
• pp.525-537
• /
• 2021

Since the late 1990s, public nursing hospitals have been established, and as of 2018, 79 hospitals account for 5.1% of all nursing hospitals. Announcing the public Moon Jae-in dementia in the state government responsibility for the convalescent hospital with dementia to patients for specified to the hospital with severe dementia specialist care institution. A different policy options and development. In this regard, the Dementia Management Act was revised in 2018 to provide a legal basis for the operation evaluation of public nursing hospitals, and this evaluation will begin in 2020. As part of the study to conduct the operation evaluation of public nursing hospitals to be implemented from 2020, the research established a function to foster public nursing hospitals as specialized institutions for dementia patients and competent institutions for treating rehabilitation patients during the period of recovery, and developed an evaluation system to evaluate their behavior as medical services, public nature and public institutions.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.19 no.6
• /
• pp.145-152
• /
• 2009

SCADA(Supervisory Control And Data Acquisition) systems are widely used for control and monitoring of critical infrastructures including electricity, gas and transportation. Any compromise in the security of SCADA systems could result in massive chaos and disaster at a national level if a malicious attacker takes the control of the system. Therefore, sound countermeasures must be provided when the SCADA systems are being developed as well as when they are being operated. Unlike general information processing system, SCADA systems have different service responses, communication protocols and network architectures and therefore a different approach should be applied to each SCADA systems that takes into consideration of each system's security characteristics and architectures. In addition, legal basis should be established to ensure the nationwide management of the systems security. This paper examines the vulnerabilites of SCADA systems and proposes action plans to protect the systems against cyber attacks.

• Journal of Korean Critical Care Nursing
• /
• v.14 no.2
• /
• pp.42-56
• /
• 2021

Purpose : The purpose of this study was to understand and describe the experiences of the advanced nurse practitioner (APN) system used by healthcare providers including APNs, doctors who worked with APNs, and APN master's course professors at a graduate school. Methods : Qualitative data were collected via snowball sampling. The participants were nine APNs, six doctors, and three professors. They were divided into three focus groups, each of which consisted of all three types of healthcare providers. Data were collected via interviews with the three focus groups conducted from September to October 2019. All interviews were audiotaped and transcribed verbatim. The transcribed data then underwent qualitative content analysis. Results : Based on the data, we extracted four themes and 14 categories. The themes were "Role and system of APNs started according to healthcare environment changes", "Optimal healthcare provider to ensure quality of care", "Confused role and system of APNs due to incomplete medical law", and "Tasks for the stable operation of the APN system." Conclusion : For quality treatment and safety of patients, a legal basis must be established for the APN system. For its stable operation, social consensus regarding legislation about APNs' scope of practice is required. Finally, a discussion is necessary about the integration of APNs' 13 fields.

• Journal of the Korea Institute of Building Construction
• /
• v.22 no.3
• /
• pp.259-268
• /
• 2022

Electric shutters for buildings are being developed in Korea and abroad on a regular basis and can be used in different types of buildings such as company buildings and fire stations, etc. However, the fall risk factors induced by a variety of functions of building electric shutters require safety control. We reviewed the technological trends and legal standards in Korea and abroad, analyzed incident cases, and identified fall risk factors requiring control. We inspected all the building electric shutters in Korea based on the fall risk factors. As a result, we identified 91 noncompliance cases, in 69 percent of all 132 locations. In this study, backed by the inspection results, we suggest a check list to prevent the fall of building electric shutters to ensure safety and conduct verification using a focus group interview.

• Journal of Korea Trade
• /
• v.24 no.3
• /
• pp.1-19
• /
• 2020

Purpose - This study empirically analyzes the effects of provisional anti-dumping duties levied on imports by Korea following anti-dumping investigations. An anti-dumping duty is a legal tool that countries use to impose duties on imports to offset injurious dumping. This study verifies how effective the imposition of a provisional anti-dumping duty is and whether such duties have trade chilling effects on aggregate imports. Specifically, this study examines import trade diversion from named to unnamed countries caused by the imposition of provisional anti-dumping duties. Design/methodology - This empirical analysis employs an econometric model of provisional anti-dumping measures for cases in which Korea imposed final affirmative anti-dumping measures. We construct a monthly panel dataset for each stage of anti-dumping investigation undertaken by Korea for all manufacturing industries during 1995-2013. We illustrate a stage-by-stage analysis of anti-dumping investigations from initiation, preliminary decision, imposition of provisional duty, final affirmative decision, and imposition of final affirmative duty on a monthly basis at the six-digit harmonized system code-level. Findings - For cases in which provisional duties are imposed, the reduction in imports from named countries outweighs the increase in imports from unnamed countries. The substantial reduction in imports from named countries is large enough to offset the import diversion to unnamed countries, suggesting that import diversion in investigations is limited during the investigation period. Therefore, the use of provisional anti-dumping duties in Korea is effective, providing evidence of a chilling effect on aggregate imports. Originality/value - Few studies examine the size of the effects on import trade diversion of the imposition of provisional anti-dumping duties. We contribute to the literature by disentangling separate trade effects for each phase of the anti-dumping investigation process and imposition of provisional duty.

• Journal of Digital Convergence
• /
• v.20 no.2
• /
• pp.269-275
• /
• 2022

As artificial intelligence services targeting humans increase, social demands are increasing that artificial intelligence should also be made on an ethical basis. Following this trend, the government and businesses are preparing policies and norms related to artificial intelligence ethics. In order to establish reasonable policies and norms, the first step is to understand the public's perceptions. In this paper, social data and news comments were collected and analyzed to understand the public's perception related to artificial intelligence and ethics. Interest analysis, emotional analysis, and discourse analysis were performed and visualized on the collected datasets. As a result of the analysis, interest in "artificial intelligence ethics" and "artificial intelligence" favorability showed an inversely proportional correlation. As a result of discourse analysis, the biggest issue was "personal information leakage," and it also showed a discourse on contamination and deflection of learning data and whether computer-made artificial intelligence should be given a legal personality. This study can be used as data to grasp the public's perception when preparing artificial intelligence ethical norms and policies.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.34 no.1
• /
• pp.27-51
• /
• 2023

The purpose of this study is to develop a policy for the use of libraries and the promotion of the reading culture by the characteristics of communities, along with changes in social environment. It, therefore, analyzed the general condition of libraries, infrastructures for libraries and reading culture and the environment including the relevant legal system in Chungcheongnam-do, and examined the actual conditions of inhabitants' (students and general people) use of libraries and reading culture, and librarians. On the basis of the findings, it proposed the policy for the use of 20 libraries and the promotion of the reading culture, by dividing Chungcheongnam-do into six regional settlement areas, discovering policy tasks for the use of libraries and the promotion of the reading culture and collecting suggestions from librarians living in Chungcheongnam-do, to reflect the characteristics of communities in Chungeongnam-do, and therefore, suggest a desirable policy agenda. To pursue the policy proposed, it is necessary to reinforce the role and the status of libraries representing for metropolitan regions and to secure adequate personnel and budgets, in addition to effort made by libraries located at regional settlement areas.

• International Journal of Computer Science & Network Security
• /
• v.22 no.10
• /
• pp.57-66
• /
• 2022

The aim of the article is to investigate socio-political processes in Ukraine on the basis of institutional and behavioral approaches, in particular their regulatory and informational support. Methodology. To determine the nature and content of sociopolitical processes, the following approaches have been used: 1. Institutional approach in order to analyze the development of Ukraine's political institutions. 2. The behavioral approach has been used for the analysis of socio-political processes in Ukraine in the context of political behavior of citizens, their political activity which forms the political culture of the country. Results. The general features of the socio-political situation in Ukraine are as follows: the formed model of government, which can be conditionally described as "presidential"; public demand for new leaders remains at a high level; the society has no common vision of further development; significant tendency of reduction of real incomes of a significant part of the society and strengthening of fiscal pressure on businessmen will get a public response after some time. Increasing levels of voice, accountability, efficiency of governance and the quality of the regulatory environment indicate a slow change in the political system, which will have a positive impact on public sentiment in the future. At the same time, there has been little change in the quality of Ukraine's institutions to ensure political stability, the rule of law and control of corruption. There are no cardinal changes in the development of the institution of property rights, protection of intellectual rights, changes in the sphere of ethics and control of corruption. Thus, Ukraine's political institutions have not been able to bring about any change in the social-political processes. Accordingly, an average level of trust and confidence of citizens in political institutions and negative public sentiment regarding their perception and future change can be traced in Ukraine.