• 제목/요약/키워드: mediation

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의료분쟁조정법의 기본이념과 현실 (Fundamental Idea and Actuality of the Medical Dispute Mediation Act)

  • 김민중
    • 의료법학
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    • 제14권1호
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    • pp.43-83
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    • 2013
  • Medical treatment has great potential for conflict. Even the best-trained doctors can commit medical malpractice that result in continuing physical or mental disabilities or even death. Medical conflicts have been increasing over years. The medical conflicts between patient and medical professionals that result from medical professionals' mistakes are often fueled by a violation on the pretext of the injuries form medical malpractice and can lead to litigation. The litigation usually cost a lot of money and time. The extension of the litigation period as well as expensive cost and lack of medical knowledge placing a great burden on patients. Alternative Dispute Resolution(ADR) is more efficient than litigation. In 1988, the medical dispute mediation system has been introduces as the Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation by Korean Medical Association came into effect after 23 years of enactment efforts. Medical Dispute Mediation Act(hereinafter referred to as the "MDMA") has finally entered into force from 8 April 2012. The purpose of the MDMA is to promptly and fairly redress injuries caused by medical malpractice and create a stable environment for medical services of public health or medical professionals by providing for matters regarding the mediation and arbitration of medical disputes(MDMA ${\S}1$). In an effort to secure the fair, speedy and inexpensive resolution of every malpractice case, the Korea Medical Dispute Mediation and Arbitration Agency(hereinafter referred to as the "K-MEDI") was established. Following the MDMA, the K-MEDI shall endeavor to ensure the medical dispute mediation or arbitration proceedings are conducted in a prompt, fair, and efficient manner, and patients and medical professionals shall attend proceedings in good faith with mutual trust and understanding when they participate in medical dispute mediation or arbitration proceedings.

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서비스화 수용활동이 서비스화 추진성과에 미치는 영향 : 서비스 프로세스 역량과 ICT 역량의 매개적 역할 (The Effects of Servitization Acceptance on Performance through Mediation of Service Process & ICT Competency)

  • 윤용;김연성
    • 한국IT서비스학회지
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    • 제15권4호
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    • pp.111-123
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    • 2016
  • The purpose if this study was to find and investigate effective mediation factors influencing performance of servitization through servitization acceptance activities by means of empirical results. According to the previous researches, two main mediation factors which were related with servitization competencies such as ICT competency of servitization and competency of servitization process were distinguished from lots of competencies which are relying on servitization process. Using a 373 sample data investigated from CEOs, directors and managers of small and medium sized firms in Korea, the structured mediation model was proposed. The measurement for the each variable was accepted for this study when the respondents were revealed to understand the servitization concepts which explained especially company's business moving towards the service specific gravity from selling existing products. The measurement for the each variable reflected that respondents were participating in any sort of servitization type or had intension to be involved with any servitization categories. The mediation hypotheses were tested in the way of analytical measures with the result of strong reliability. According to analysis, two mediators showed positive mediation role and statistically adopted between servitization acceptance activities and servitization performance in the 99% significant level. We confirmed that ICT competency of servitization and competency of servitization process were in the role of positive mediation between servitization acceptance activities and performance of servitization. The total of indirect effects were 0.2546 to support each mediation hypotheses. Tested two mediators were not on the same level. The most affecting mediation element on servitization performance was appeared as competency of servitization process. With the result of this study, we expect that the small and medium sized companies might have servitization business strategies including proper service competencies and mediators through acceptance activities to obtain suitable performance. According to the analysis, Companies which consider product-servitization need to set strategies to reinforce above two competencies.

집단소비자분쟁조정제도에 관한 연구 (A Study on Collective Consumer Dispute Mediation System)

  • 김상찬;이충은
    • 한국중재학회지:중재연구
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    • 제19권1호
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    • pp.99-119
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    • 2009
  • In modern capitalistic society, the harmed consumers like consumer complaints etc. are increasing day by day being caused by mass production and mass consumption etc. These consumer damages can come out as many types, but can be the most typical form. If there is a majority of the small sum damage, being saved by legal procedures is a fact that many consumers renounce it for long time, lots of expense and the complexity of the process etc. So, the government enforces consumer groups suit and collective dispute mediation system revising Framework Act on consumer. Specially, collective dispute mediation system, one of the ADR, saves the harmed consumers and accomodates efficiency in management of consumer dispute settlement commission by dealing with it collectively if the same or similar damage without a legal procedure happens to a great number of consumers. However, collective consumer dispute mediation system also has a number of problems. Therefore, this thesis is looking into the function and procedure of the collective consumer dispute mediation system on Framework Act on consumer as well as its problems and ways of improving it.

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지식재산권분쟁(知識財産權紛爭)의 재판외(裁判外) 해결제도(解決制度)에 관한 연구(硏究) - 조정(調停)과 중재(仲裁)를 중심(中心)으로 - (A Study of Resolution of the Intellectual Property Dispute through Mediation and Arbitration)

  • 김용길
    • 한국중재학회지:중재연구
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    • 제19권1호
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    • pp.67-98
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    • 2009
  • Recently there are many cases on the intellectual property dispute. Among them some cases are solved through mediation and arbitration. Mediation and arbitration hold some advantage over court proceeding for intellectual property dispute. However the traditional litigation system has material limitation to settle down international intellectual property dispute. Without arbitration, litigation in court would be the only choice in case of no consensual settlement between the disputing parties. However, once being aware of the usefulness of the arbitration, people in international business widely realize that arbitration is generally preferred to litigation. Mediation is a method of settling dispute outside of court setting and many mediation committee are established since 1986 in Korea. Arbitrability has been a crucial issue in the intellectual property dispute. In most developed countries including the U.S.A. and Switzerland, arbitrability in the intellectual property dispute has been changed in recent years by law. Now in resolving the dispute with international intellectual property is needed for legal research, experience, working practices and knowledge of the intellectual property industry and so on.

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Simple power analysis in causal mediation models for a dichotomous outcome based on the mediation proportion

  • Kim, Young Min;Cologne, John Bennett;Cullings, Harry Michael
    • Journal of the Korean Data and Information Science Society
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    • 제28권3호
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    • pp.669-684
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    • 2017
  • Mediation models are widely used in many fields of research and have recently gained attention in epidemiology. The mediation proportion is a standard measure to evaluate what part of the total exposure effect on an outcome may be explained by a particular mediator and to examine how important that pathway is relative to the overall exposure effect. A common question is how large a sample size is needed to achieve high statistical power or, equivalently, what magnitude of effect can be detected. Current power and sample size calculations for mediation analysis are limited and additional research is needed. We therefore propose a computer-intensive power analysis using the mediation proportion. We conduct simulation studies to calculate statistical powers and sample sizes. And then, we illustrate our power analysis using an example from the Adult Health Study of atomic-bomb survivors and demonstrate that the method is relatively straightforward to understand and compute.

의료분쟁조정법상 손해배상금 대불제도의 문제점과 개선방안 (The Problems and Alternatives of The Subrogation Payment System for Damage)

  • 이백휴
    • 의료법학
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    • 제12권2호
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    • pp.163-187
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    • 2011
  • On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

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중재절차 중 '화해의 유도'와 '조정-중재'제도의 구분 필요성에 대한 연구 (Study on the Need for Distinction Between "Award by Consent" and "Med-Arb")

  • 도혜정
    • 한국중재학회지:중재연구
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    • 제30권4호
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    • pp.51-70
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    • 2020
  • The Mediation-Arbitration hybrid is becoming more popular since it makes an amicable relationship and thorough statement possible. The Mediation-Arbitration hybrid has been used to take advantage of both dispute resolution methods. In a Med-Arb process, negotiating a resolution to disputes is attempted with a mediator's help. If the mediation ends in an impasse or issues remain unresolved, parties can move on to arbitration. Med-Arb can also be cost-effective when disputants hire one person to serve as mediator and arbitrator (Med-Arb-Pure). However, it can disturb the fairness and neutrality of arbitrators, and awards can be annulled. Indeed, "Award by Consent" is different from the "Med-Arb-Pure" process. Arbitrators easily confuse them. Only the parties settle on the arbitral proceedings' course, and the arbitrator can help them (award by consent). The role and skill of a mediator are different from an arbitrator's. Disputants have the right to use a mediator who specializes in mediation. Moreover, mediation communication confidentiality is the essential value of mediation, and this should be protected. Therefore, in the process of "Med-Arb," separation between mediating and arbitrating is a better choice to specialize in each expertise. In this process, "Med-Arb" can be an affordable, expeditious, proper, and effective method of resolving international commercial disputes and continuing ADR prime time.

어머니의 양육스트레스, 스마트미디어 방임적 중재 및 유아의 스마트미디어 과다사용의 구조적 관계 (Structural Relationships Among Maternal Parenting Stress, Neglectful Mediation of Smart Media, and Preschool Children's Over Use of Smart Media)

  • 장지우;김선희
    • 한국보육지원학회지
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    • 제18권6호
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    • pp.1-19
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    • 2022
  • Objective: The purpose of this study is to confirm the structural relationship among maternal parenting stress, neglectful mediation of smart media and the over use of smart media in preschool children. Methods: Quantitative surveys were conducted to measure maternal parenting stress, smart media neglect mediation, and over use of smart media in preschool children. In addition, the mediating effect of maternal neglectful smart media mediation in maternal parenting stress and preschool children's over use of smart media was verified using the Amos 23.0 and SPSS 26.0 programs Results: Maternal parenting stress and mother's neglectful mediation of smart media had a direct effect on preschool children's over use of smart media. In addition, mother's neglectful mediation of smart media mediated the influence of the mother's parenting stress on preschooler children's over use of smart media. Conclusion/Implications: These findings emphasize the important role of maternal stress in preschool children's over use of smart media. And maternal competence such as supervision and limit setting is an important role in preschool children's use of smart media, so it is necessary to develop a practical and diverse parenting education program in order to reduce.

유년층의 스마트 미디어 리터러시 유형과 부모와 교사의 중재 영향 (Patterns of Childhood's Smart Media Literacy and Effect of Parents' and Teachers' Mediation)

  • 장석준;박창희
    • 한국콘텐츠학회논문지
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    • 제16권7호
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    • pp.122-134
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    • 2016
  • 본 연구는 유년층에게 나타나는 스마트 미디어 리터러시 유형을 알아보고 이에 따른 부모 및 교사의 중재유형의 영향력을 분석하였다. 유년층의 경우, 향후의 미디어 교육 방향에 있어 요인 형성이 이루어지는 시기인 만큼 스마트 미디어 리터러시 유형과 그에 영향을 미치는 요인을 분석하는 것이 의미있는 일이다. 연구결과, 유년층의 스마트 미디어 사용에 있어서 '지각리터러시'와 '비판리터러시'와 같은 유형의 리터러시 패턴을 나타내는 것으로 조사되었다. 지각리터러시에 대한 영향력으로 성별, 학년, 이용시간, 부모 맞벌이, 부모의 적극적 중재, 소극적 중재 그리고 교사의 적극적 중재, 소극적 중재가 유의미한 변인으로 조사되었다. 또한, 비판리터러시의 경우 이용시간, 부모 맞벌이 그리고 부모의 적극적 소극적 중재가 영향력을 가지고 있는 것으로 나타났으나 지각리터러시와 비교하여 성별과 학년 그리고 교사의 중재는 영향력을 가지고 있지 않은 것으로 조사되었다. 이는 유년층의 경우 학교에서의 교사 영향력보다는 가정에서의 부모 영향력이 크다는 것을 말하는 것으로 사회 정책적으로도 이점을 주목할 필요가 있을 것이다.

구조방정식모형에서의 R을 이용한 부트스트랩 기반의 이중매개효과 분석 방안에 대한 연구 (A Study on the Double Mediation Analysis in Structural Equating Models with Bootstrapping Using R)

  • 윤철호;최광돈
    • 디지털융복합연구
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    • 제14권9호
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    • pp.111-121
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    • 2016
  • 본 연구는 R을 이용하여 구조방정식모형에서 이중매개효과 분석을 수행하는 방안을 제시하고 있다. 이를 위해 본 연구에서는 매개효과 분석을 위한 다양한 기법들에 대한 문헌연구를 통해 부트스트랩 기법을 이중매개 효과분석을 수행하는데 있어서 가장 적합한 기법으로 선정하고, PLS 경로분석 수행을 지원하는 R패키지인 plspm을 이용하여 구조방정식모델링에서 부트스트랩 기반의 이중매개효과를 분석하는 방안을 개발했다. 결과물로 본 연구에서는 예시모형을 대상으로 한 이중매개효과 분석기법과 관련 R스크립트들이 제시되었다. 본 연구는 대부분의 SEM 패키지들에서 지원하지 못하는 구조방정식모델링에서의 이중매개효과 분석을 포함하는 연구들에서 유용하게 활용될 것이며, 또한 연구자들에게 R을 이용한 새로운 매개효과 분석기법 제시를 통하여 심도 있는 연구를 위한 기반 지식을 제공할 것이다.