• 제목/요약/키워드: legal knowledge

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ICC중재(仲裁)에서 중재인(仲裁人) 선정(選定)과 확인(確認)에 관한 연구(硏究) (A Study on the Appointment and Confirmation of the Arbitrators in ICC Arbitration)

  • 오원석;김용일
    • 한국중재학회지:중재연구
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    • 제17권2호
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    • pp.23-41
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    • 2007
  • The role of ICC Court of Arbitration in ICC Arbitration is critical in maintaining the good reputation and worldwide recognition. While most arbitration institutions are the products of regional on national private associations, which play a relatively limited role in appointing or confirming the arbitrators, the Court of Arbitration is not only international in the appointment of arbitrators through the each National Committee, but also intervene in the confirmation of the prospective arbitrators proposed by the parties. Thus the ICC Arbitration is undoubtedly the most highly-supervised form of institutional arbitration available. The purpose of this paper is to examine the appointment and confirmation system of ICC Arbitration, to find the distinctive features of the ICC Rules of Arbitration and to check how to apply the features in the Rules of International Arbitration for the Korean Commercial Arbitration Board(KCAB Rules). Although the KCAB Rules have inherent limitations in the appointment of the arbitrators comparing with the ICC Court. They do not have any confirmation system of the arbitrator proposed by the parties. Although no arbitral institutions is in a position to guarantee completely the ultimate quality and efficacy of the process, the ICC, more than any other institution has historically endeavored to do so through a combination of the efforts of its International Court of Arbitration and National Committees. Composed of legal professionals of more than 75 nationalities, the Court, with the support of its permanent Secretariat in Paris, brings to bear on the decisions that it is responsibility to make the collective and disparate knowledge and experience of a multinational body. Therefore, if the KCAB wants to attract many international disputes, it should try to benchmark the ICC Rules of Arbitration, expecially the Article 9, to secure the prominent arbitrators throughout the world, even though a lot of limitations are exist. The positive role of the ICC Court of Arbitration gives us very important signal.

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도시공원의 공간별 적정조도 (A Study on Suitable Illuminance by Spaces in Urban Parks)

  • 김진선;최연철
    • 한국조경학회지
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    • 제32권5호
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    • pp.23-34
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    • 2004
  • In this study, 1 dependent variable and 9 independent variables were established to examine suitable illuminance by spaces in urban parks in consideration of night users' psychological reactions and activity types. Such fixed variables were evaluated by a series of experiments of changing illuminance, and correlation among those variables was verified by correlation analysis and multiple regression analysis to suggest suitable illuminance by spaces. The results of this study are as follows: 1) The independent variables influencing suitable illuminance by spaces in urban parks were directly influenced rather by the psychological reaction of night users than the activity types by spatial functions. 2) Securing suitable illuminance by spaces commonly increased spatial availability, created certain atmosphere, and provided safety in the psychological reaction of night users. 3) Suitable illuminance by spaces in urban parks is: Central square is 31.88lx, resting space 6.30lx, exercising space 33.14lx, children's playground 14.19lx, pedestrian road 12.29lx, entry space 16.30lx, and green space 7.03lx. That is, when a place had more positive activities, spatial illuminance was increased. 4) Though comparison by spaces with the illuminance standard for urban parks as mentioned in KS A 3011-1993 can not be made, such illuminance was relatively compatible with the permissible range of illuminance in the author's opinion. It is expected that this study investigating suitable illuminance by spaces for night use in urban parks, will provide necessary knowledge for securing suitable illuminance by spaces in urban parks through classifyingin detail the illuminance standard of KS A 3011-1993. Besides, by helping make us aware of the importance of illuminance in urban parks as well as of external space in the night, this study will contribute to academic research and development in the field of landscape architecture and associated fields and be utilized in establishing legal and institutional standards.

의료민사책임에서의 인과관계에 관한 소고 (A Study on Causality in Medical Civil Liability)

  • 백경희
    • 의료법학
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    • 제17권2호
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    • pp.57-81
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    • 2016
  • 환자가 의사를 상대로 의료사고에 대한 민사책임을 추궁하기 위하여 소송을 제기하게 될 때, 의사의 의료과실과 환자에게 발생한 손해 사이에 인과관계가 존재하는지 여부는 소송의 승패를 좌우한다. 의료과실소송에서는 의료가 지니는 특수성으로 인하여 다른 민사사건과 달리 인과관계의 존부의 판단이 쉽지 않다. 또한 의료과실소송에서는 진료기록을 비롯한 정보가 의사에게 집중되어 있고, 환자의 의료지식은 의사에 비하여 상대적으로 부족하다. 따라서 원고인 환자가 부담하는 인과관계에 관한 증명책임의 완화가 판례를 통하여 인정되고 있다. 이에 본고에서는 우리나라에서 의료민사책임에서 인과관계를 어떻게 인정하는지에 관한 법리를 살펴보고자 한다. 그리고 우리나라 판례의 태도를 인과관계가 문제되는 유형별 - 일반적 의료행위의 경우, 설명의무의 경우, 의료과실과의 인과관계가 없는 경우 - 로 나누어 고찰하기로 한다.

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오픈액세스 리포지터리의 사용성 평가에 관한 연구 (A Study on the Usability Evaluation of Open Access Repository)

  • 곽승진;신재민
    • 정보관리연구
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    • 제39권4호
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    • pp.67-96
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    • 2008
  • 오픈액세스 리포지터리는 법적, 경제적, 기술적 장벽 없이 전 세계 이용자 누구라도 자유롭게 무료로 정보에 접근할 수 있도록 생산자와 이용자가 정보를 공유할 수 있는 지식정보 저장소를 의미한다. 본 연구에서는 기관 리포지터리(dCollection, DSpace@MIT)와 주제별 리포지터리(arXiv, PubMed Central)로 구분하여 각 리포지터리에서 제공하는 기능분석과 비교를 실시하였고 분석된 자료를 기초로 이용자 중심의 사용성 평가를 실시하였다. 정보에 대한 자유로운 접근과 공유가 중요시 되는 웹 2.0시대라 불리고 있는 현 시점에서, 오픈액세스 리포지터리에 대한 사용성 평가를 실시함으로서 향후 구축되는 리포지터리 개발에 기초자료가 될 수 있다는 점에서 그 의의가 있다고 할 수 있다.

부부의 가정폭력특례법에 대한 인식과 태도 (Married Couples' Perceptions and Attitudes on Domestic Violence Acts)

  • 김예정;김득성
    • 가정과삶의질연구
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    • 제22권6호
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    • pp.177-189
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    • 2004
  • The purpose of this study is to study the perceptions and attitudes of various married couples(non-violent couples, violent couples, indicted couples) on the Domestic Violence Acts, and collect opinions on the legal treatment of indicted couples, especially on Protection Orders and criminal punishment. The questionnaires included 542 couples residing in Pusan and 50 indicted couples in various major cities of Korea. The major results were as follows: First, couples in general understood well the Domestic Violence Acts, and their history of domestic violence did not affect their knowledge on the Acts. Second, the attitudes of the husbands on Domestic Violence Acts were affected by whether or not they had inflicted violence on their wives. Husbands who have a history domestic violence, but were not arrested and indicted had negative attitudes on the in- tervention of the police. They also did not want to call the police for assistance. However, they showed positive attitudes towards programs aimed at preventing domestic violence. Third, the attitudes of wives on Domestic Violence Acts were not associated with experienced domestic violence. Fourth, indicted couples felt that Protection Orders were necessary and they were willing to follow the Protection Orders set forth by public prosecutors. Victimized wives wanted another form of sentencing rather than a fine, and they wanted to have their opinions heard when their spouse was arrested and when sentencing took place.

코업(CO-OP) 교육을 통한 창업 활성화 방안 연구 : 현장실습연계형 대학 교육모델 개발을 중심으로 (A Study on the University Start-Up Activation Plan through CO-OP Education : Focused on Development of a University Education Model with linking Field Practices)

  • 김춘식
    • Journal of Information Technology Applications and Management
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    • 제26권3호
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    • pp.61-80
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    • 2019
  • The cooperation between universities and industries is already one of the most important factors driving the national economy in the knowledge-based society of the 21st century represented by the Fourth Industrial Revolution. The Korean government has also been carrying out legal and institutional re-adjustments to promote industrial-university cooperation in line with demands for such changes in the times. However, despite this industry-academic cooperation system, there is still a significant mismatch between industrial demand and the university's workforce development system. By the way, there is a Cooperative Education(CO-OP) in Canada and the United States. It's an innovative link between the university and the industry. The reason is that the CO-OP program not only allows students to gain experience with their majors in the industrial field, but also plays a positive role in improving their specialty expertise. In particular, field information, ideas, and job insights that students acquire through CO-OP also serve as motivation for starting a business beyond employment after graduation. Furthermore, CO-OP experience is an important opportunity for future researchers to come up with commercialized research results that are not separated from the field sites The purpose of this study is to overcome the gap between industrial demand and the college manpower training system, and develop a Korean-style coaching program model as a growth engine for creative talent-building policies, represented by 'creation of start-ups and new industry.' In addition, this study suggested measures that can be applied in real universities. In addition, the study also highlighted that the introduction of CO-OP programs with field practices in Korea could also boost start-ups. Based on the Korean CO-OP program model, the curricula applicable to domestic universities consisted of two types : general and research-oriented university types.

폐기물 관리 프로그램의 구안과 적용이 환경 감수성과 환경보전 행동에 미치는 영향 (The Effect of Modifying and Applying Waste Management Program on Environmental Sensitivity and Environmental Conservation Behavior)

  • 김정희;남영숙
    • 한국환경교육학회지:환경교육
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    • 제18권3호
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    • pp.1-18
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    • 2005
  • In the sustainable waste management, the necessity of environmental education which improves acquisition of the knowledge, attitudes and values for the environment is being emphasized to help students make environmentally desirable decision and promote responsible environmental behavior. However, the environmental education in high schools, as a whole, would be susceptible to many problems caused by tile educational administration focusing only on the college entrance examination. Therefore, this study modifies and applies a program using four teaching/learning methods (Investigation study, Internet-based learning, Field work, Issue analysis study) which deals with the sustainable waste management as the learning subject for the environmental education, and tries to find its effects on the students' environmental sensitivity and environmental conservation behavior in high schools. The main results of this study are summarized as fellows. First, the waste management program had little influence on the environmental sensitivity of experimental groups, while it had positive effect on their improvement of the environmental conservation behavior. Second, there were little meaningful effect on general environmental conservation behavior, but there were some significant results to environmental conservation behavior related to the sustainable waste management. In addition, positive results were found in ecomanagement and consumerism, whereas there were no meaningful results about in persuasion and legal action, which were sub-domains of the waste management program. Among the waste management programs, the school waste investigation study had the most positive effect on the students' recognition and solution of environmental problems as well as improvement of environmental conservation behavior. The easiest one of the four teaching/learning methods was the Internet-based learning, while the most difficult one of them was the issue analysis study. Consequently, in order to achieve the goals of the environmental education in the academic field, there has to be selected the most suitable one of the teaching/learning methods and to be applied to the class, according to the detailed objectives and loaming contents for the environmental education.

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2015년 영국 보험법 상 공정표시의무에 관한 연구 (A Study on the Duty of Fair Presentation in Insurance Act 2015)

  • 신건훈
    • 무역상무연구
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    • 제72권
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    • pp.57-80
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    • 2016
  • Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

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개인정보 연구동향과 과제 (A Review of Studies on personal information)

  • 방민석;오철호
    • 정보화정책
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    • 제21권1호
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    • pp.3-16
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    • 2014
  • 지식정보사회가 고도화되어가며 개인정보가 가지는 가치와 중요성은 더욱 증가하게 되었다. 최근 빅데이터 기술 발달과 클라우드 환경의 보급에 따라 개인정보의 침해나 유출 가능성은 증가하였으며, 공공부문의 다양한 정보를 개방하고 공유하려는 시도는 정보 활용을 통한 가치창출 가능성을 높여주고 있다. 이러한 개인정보에 대한 논의가 진행되어온 연구경향을 분석하기 위하여 2000년부터 지금까지 논의된 연구논문과 보고서를 중심으로 연구자가 설정한 분석기준에 따라 분석하였고, 그 결과에 기반을 둔 몇 가지 제언을 정리하였다. 이를 간략히 보면, 첫째, 개인정보 연구가 질적 법제도적 차원에서 정보보호를 주로 강조하면서 논의되어 왔다. 둘째, 개인정보의 중요성에도 불구하고 정부기관이나 국책연구원에 비해 학계에서의 심도있는 논의가 부족하였다. 셋째, 실태파악이나 현황조사 수준에서 진행된 경우가 다수를 차지하고 인과관계나 영향요인을 분석하려는 연구는 많지 않았다. 향후 개인정보 연구를 보다 발전적으로 진행하기 위해서는 개인정보 자체에 대한 체계적이고 심도있는 접근, IT패러다임의 변화에 맞는 연구범위의 확대, 계량적 방법 등 다양한 연구방법론의 적용과 학제간 연구 활성화, 공공부문 뿐만 아니라 민간부문에서의 개인정보 사용과 관리에 대한 다양한 연구가 필요하다.

Bridging the Gap Between Science and Industry: The Fraunhofer Model

  • Klingner, Raoul;Behlau, Lothar
    • STI Policy Review
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    • 제3권2호
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    • pp.130-151
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    • 2012
  • Fraunhofer was founded in 1949 and grew into Europe's largest application-oriented research organization. Fraunhofer currently employs over 20,000 members in Germany, is internationally networked, and manages an R&D budget of over 1,8 Billion Euros per year. An important step for Fraunhofer to become an integral component of the German innovation system was the introduction of the Fraunhofer Model of financing based on a performance-related system of financial management. The underlying model of the allocation and distribution of public funding to Fraunhofer that is subsequently allotted to specific research groups is one of the success factors of Fraunhofer. Fraunhofer is proud of its decentralized organizational model. Fraunhofer is comprised of 60 Institutes in Germany working in different fields, under one legal framework, and with a strong brand value. Every Fraunhofer Institute is affiliated with a German University and every institute director simultaneously holds a chair at the affiliated university. It is a challenge for the headquarter organization to balance the intended competition of individual Fraunhofer Institutes with complementarity cooperation in science among Fraunhofer-Institutes, especially when coming from different knowledge domains; however, this goal results in a significant advantage. The unique strengths of Fraunhofer offer system solutions in a world with increasingly complex R&D challenges. While growing to become the largest organization on Europe to focus on applied research it is the challenge to remain an agile organization that is flexible in organizational structure. Fraunhofer has reached a well-recognized position in the European innovation landscape. It is often referred to by science and governments as a role model for innovation policy and a key element of the latest successes in the German economy that has recovered quicker from the latest economic crisis than most other western economies. The paper explains Fraunhofer as an organizational paradigm and its underlying management model to elaborate on the challenges of managing a research organization. We wish to show how it is possible to transfer the management model and philosophy of Fraunhofer to innovation systems with different framework conditions and challenges. A universal conclusion may be drawn based on the description of Fraunhofer; however, changes in existing structures and innovation systems cannot be implemented over night.