• 한국중재학회지:중재연구
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• 제23권1호
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• pp.153-175
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• 2013

The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

• 한국보육지원학회지
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• 제20권2호
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• pp.145-167
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• 2024

Objective: This study aimed to investigate the moderated-moderated mediating effects of children's media content selection and parental restrictive media mediation on the relationship between children's screen media time and executive function difficulties. Methods: A total of 693 parents of children aged 5~6 years participated in this study and were asked to answer all survey questions. The data were analyzed by descriptive statistics and correlation analysis using SPSS 27.0. Model 11 of PROCESS macro 4.3 was used to examine the moderated-moderated mediation model. Children's gender, age, childcare enrollment status, and household income were included in the analyses as covariates. Results: The moderated-moderated mediating effects of children's media content selection and parental restrictive media mediation were found to be significant. Specifically, bedtime mediated the relationship between screen media time and executive function difficulties only when parents did not appropriately implement restrictive mediation and children freely selected media content. Conclusion/Implications: It is recommended that parents understand the importance of implementing restrictive media mediation and selecting appropriate media contents for their child to prevent executive function difficulties in early childhood. Also, child education or day-care centers should offer education program about appropriate media use to reach more parents.

• 경영과정보연구
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• 제30권4호
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• pp.253-292
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• 2011

조정위원으로 활동하고 있는 동안 조정현장에서 경험했던 내용을 중심으로 지역노사관계의 원만한 관계 정립을 위해 조정제도의 시사점을 모색하고, 조정사례를 분석하여 노사관계에서 핵심적인 이슈가 무엇인지를 찾아 사전에 쟁의사건을 최소화할 수 있는 방안을 탐색하는 데 의의가 있다. 특히 쟁의의 쟁점을 사안별로 분석하여 이를 최소화함으로써 쟁의 발생을 사전에 차단하고 이를 통해 원만한 노사관계를 정립하고자 하는 목적도 함께 가지고 있다. 특히 노동쟁의 조정에 관한 구체적인 내용을 이해하기 위해서는 지방노동위원회의 구성과 역할에 대해 먼저 이해를 해야 할 필요성이 있어 이와 관련된 내용도 구체적으로 알아보고 사례분석을 통해 조정에 관한 일반적 이해를 구하고자 한다. 또한 지금까지 노동위원회에 조정 의뢰한 핵심이슈들을 중심으로 노동위원회의 위상제고와 핵심이슈 분석을 통한 합리적 노사관계 정립을 위한 대안적 연구를 진행한 연구들은 거의 없다. 따라서 핵심쟁점별로 분석된 내용을 토대로 단체교섭이나 임금 교섭시 노사가 취해야 할 접근방식에 대한 사전교육이나 숙지를 통한 협상력을 높일 수 있는 기법을 제고시키는 이론적 근거를 마련할 수 있을 것이다.

• 환경영향평가
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• 제2권2호
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• pp.41-47
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• 1993

During the last years it became more and more difficult to deal with environmental conflicts using traditional political instruments in industrialized countries. One reason for the occurring problems might be the citizens' awareness of scarceness of nature. Another reason might be the changing legislation with the introduction of the environmental impact assessment (EIA) as an integral part of a project's licensing procedure. The EIA offers new possibilities for citizens to interfere in decision processes and to obstruct projects. The changing situation requires new instruments for conflict solving. Mediation may be considered an alternative or completion to the traditional political instruments. It is a systematic strategy for conflict treatment and. with the support of an independent mediator, allows to reach an agreement among all parties involved. Mediation may be introduced in the EIA One possibility offers the scoping date, which, if the participation of the public is assured, might avoid heavy disputes in the further process. Another connection between the instrument of mediation and the EIA could be the use of the environmental impact study (EIS) as information background for a mediation process. EIA would then be source of information about all environmental aspects. Thus the role of EIA would be extended to being a part of conflict analysis in the alternative dispute resolution process.

• 한국보육지원학회지
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• 제12권3호
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• pp.137-157
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• 2016

This study examines the effects of teacher's emotional intelligence on teacher-child interaction through the sequential mediation effects of efficacy belief about play and professional recognition. Participants were 268 teachers working at kindergartens in Gyeonggi area. Data were analyzed by descriptive statistic, Pearson's product-moment correlation, and the structural equation model using the SPSS 21.0 and Mplus 6.12 program. The main findings of this study are as follows: First, in regards to the relationship between emotional intelligence and teacher-child interaction, a single mediation effect of efficacy belief about play is significant. But there is no significant mediation effect of the professional recognition. Second, in regards to the pathway from emotional intelligence to teacher-child interaction, the professional recognition precedent mediation model is statistically significant, but efficacy belief about the play precedent mediation model is not significant. Based on the results, a concluding discussion was made regarding methods toward enhancing interaction between teacher and child.

• 보건의료산업학회지
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• 제4권2호
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• pp.107-117
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• 2010

In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

• Human Ecology Research
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• 제54권3호
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• pp.293-305
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• 2016

This study examines the mediation effect of teacher-child interactions in the process of the impact of teacher's teaching-efficacy on childhood education institutions and classroom environment on peer-play interactions. We used data from 970 children aged between 49 and 55 months and 970 homeroom teachers from the fifth Korean Child Panel (2012) of the Korea Institute of Child Care and Education. The model fitness was excellent after data were statistically analyzed with model of structure to testify the relationship and effect among teaching efficacy, classroom environment, teacher-child interactions, and peer-play interactions. First, the analysis also showed that the teacher's teaching efficacy did not influence peer-play interactions directly, but gave an indirect effect on the peer-play interactions with the mediation of the teacher-child interactions. Second, the classroom environment directly and indirectly influenced the peer-play interactions with the mediation of the teacher-child interactions. Third, the variable of teacher-child interactions was fully effective as a mediating variable in the process of the teaching efficacy and classroom environment influence on teacher-child interactions. Teaching efficacy and classroom environment influenced the peer-play interactions through the mediation of the teacher-child interactions. The significance of mediation effect of the teacher-child interactions was verified through a bootstrapping method.

• 한국중재학회지:중재연구
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• 제32권2호
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• pp.55-83
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• 2022

The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.

• 한국중재학회지:중재연구
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• 제32권1호
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• pp.3-24
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• 2022

Today's society appears to be entering a hyper-connected society due to mental notions and information communication technologies being converged for advanced development. Trade between countries around the world is increasing amidst the digital economy and fourth industrial revolution, which is being accompanied by a growing number of trade disputes. Appropriately resolving disputes is crucial for corporate growth, and ADR is drawing attention as a more reasonable solution between interested parties compared to lawsuits. This also applies to international trade as there is growing movements to resolve disputes between parties more efficiently and feasibly through mediation. The adaptation of an international convention for implementation in a third country for settlement agreements drawn up through such international mediation is a new and unprecedented attempt. In other words, the Singapore Convention on Mediation looks to resolve international commercial disputes by granting executive force on the outcomes of mediations. However, a system to solve various legal issues must be put into place to execute the outcomes in the respective country or third country, and a variety of tools for this are necessary.

• 무역학회지
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• 제43권5호
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• pp.139-158
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• 2018

오늘날의 무역구조는 이전보다 훨씬 다변화 되었고, 각국의 수출입액이 늘어남에 따라 무역분쟁의 내용도 훨씬 복잡해지고 있는 것은 물론 분쟁의 수 또한 증가하고 있다. 이러한 분쟁을 해결하는 수단으로서 소송과 중재를 비롯한 협상, 알선, 조정 등이 활용되고 있지만 소송이나 중재에 의한 해결방법은 관할권, 거리상의 제약, 비용과 절차의 복잡성 등 그 어려움이 따른다. 또한 협상이나 알선에 의할 경우, 효력이나 제도상의 미비점 등 그 한계성을 드러내면서 이들을 대체할 수 있는 방법이 요구되어 왔다. 이에 ADR의 한 형태로 등장한 조정은 조정인이 분쟁당사자 사이에서 중립인의 역할을 하면서 당사자가 자주적으로 사건을 해결하도록 돕는 제도이다. 조정은 비밀보장에 의한 신뢰구축, 준거법과 재판관할권의 비적용, 절차의 간이성, 미래지향적인 결과도출이라는 장점이 중점적으로 부각되고 있어 미국, 일본을 비롯한 중국 등에서는 일찍이 무역분쟁의 해결수단으로 이용되고 있다. 하지만 우리나라에서는 아직 조정의 유용성이 널리 알려지지 못하였고, 그 이용 또한 저조한 상태이다. 본고는 조정이 어떠한 제도인지를 설명하는 것과 함께 무역분쟁의 해결수단으로서 조정이 지닌 유용성을 밝힘으로써 향후 분쟁발생 시 본 제도의 적극적 이용을 도모하고자 하는 취지에서 연구를 진행하였다.