• Title/Summary/Keyword: mediation case

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A Study on the Adjustment System and Role of an Expert Witness based on the Medical Dispute Settlement Act. (의료분쟁조정법상 조정제도와 감정의 역할)

  • Kim, Kee hong
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.185-198
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    • 2020
  • In the event of a medical conflict in South Korea, civil lawsuits can be very complicated, time-consuming, and costly. Under the Medical Conflict Conciliation Act, the mediation system has expanded its function to coordinate disputes between individuals and medical institutions in a more efficient manner prior to litigation. Currently, conflict mediation organizations and legal systems are established in each sector, and the Healthcare Dispute Settlement Commission will also play an important role in the public sector. In this study, the characteristics of the evaluation system of the Korea Institute of Medical Conflict Arbitration are examined; and, by looking at the case of medical examinations, it is proposed to show the mediation system and the manner and role of the examinations. Medical expertise is a very important area of the qualitative standards and expertise of participants because the participants must play a role in medical consultation and appraisal in connection with medical experts.

Constructing Urban Open Space System by Ecological Landscape Planning - The Case Study of Eunpyung New Town in Seoul -

  • Oh Choong-Hyeon
    • Journal of the Korean Institute of Landscape Architecture International Edition
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    • no.2
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    • pp.9-13
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    • 2004
  • After UNECD(United Nations Conference of Environment and Development) in 1992, ESSD (Environmental Sound and Sustainable Development) is an important concept of urban planning in Korea. The introducing environmental assessment system of urban planning and the district unit planning system were representative cases. In this process, Landchaftplanung(ecological landscape planning) was introduced from Germany. This study was executed for applying ecological landscape planning to Eunpyung New Town in Seoul city, and analyzing the problem to apply this system. The process of ecological landscape planning was followed to (1) the site survey, (2) the analysis and assessment of survey data, (3) the establishing ecological landscape planning. Three master architects participated in all investigations. The major fields of them were landscape architecture, architecture, and urban planning. Master Architects helped many aspects. In conclusion, ecological landscape planning was feasible to be applied to develop other New Town in Korea. However the mediation system is very weak, if different situations are confronted with ecological landscape plan and land use plan in the operative legal framework of Korea. Thus, the legislation of mediation system is necessary for an establishment of ecological landscape planning.

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A Mediation Model between Logo and DGS (Logo와 DGS의 매개 모델과 오류 사례)

  • Kim, Hwa-Kyung;Song, Min-Ho
    • Journal of Educational Research in Mathematics
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    • v.17 no.2
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    • pp.111-125
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    • 2007
  • In this article, we introduce an example about 'computers and mathematics education' and discuss its educational meaning. First, we survey two microworlds of Logo and DGS, which are two different representation systems for geometric phenomena. And we propose needs of connecting two microworlds with common perspective. And we suggest a mediation model that connects two representations in a microworld. Using this mediation model(Circle model), we construct a circle, a ellipse, and a cardioid with two different representations. It is important that the mediation model makes it possible that we translate descriptions from one representation into the other, and guess perimeters of planar curves. We also discuss roles and mathematical implications of this mediation model by error case in calculating perimeters of ellipses.

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A Case Study of Dispute Mediations on Construction Noise and Vibration Damages for Environmental Dispute Mediation (환경조정분쟁에 의한 건설소음.진동 피해분쟁조정 사례분석)

  • Jung, Eun-Jung;Kim, Jae-Soo
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2007.11a
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    • pp.258-262
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    • 2007
  • Recently people have come to demand more pleasant environments as the quality and right of life have been improved. Along with industrial development, the tendency is causing a growing number of disputes concerning environmental damages. Of many kind of environmental damages, noise and vibration pollution rising at construction fields are particularly the most common subjects of public grievance. Thus the government launched the Environments Dispute Mediation Committee in 1991, purposing to utilize fully the promptness and expertise of administrative institutes and to resolve environmental damage disputes promptly and fairly by interfering in them actively. With the prompt and fair dispute mediations of the committee, people came to be able to get fair and prompt remedies for damages in their health and fortune by environmental pollution. Therefore, by analyzing dispute mediation cases on construction noise and vibration damages, we will suggests basic material on which efficient actions can be takes for public grievances happening in the future.

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A Study on the Settlement of Dispute through ODR Dispute Mediation System (ODR 분쟁조정시스템 활용을 통한 분쟁해결에 관한 연구)

  • Park, Chong-Don
    • International Commerce and Information Review
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    • v.10 no.2
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    • pp.45-62
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    • 2008
  • As the Internet settles down as a general means, every year the domestic e-commerce transaction using the internet rapidly increases in its scale, and the conflicts occurred from the e-commerce largely grow as well. However, it is true that the clear settlement means to work out such conflicts is not established yet. Considering the feature of e-commerce, it would be better to resolve them by ADR rather than by lawsuits in the court, and in addition to it, the ODR system having sweetness as its advantage will be the optimized model. But to make the ODR settled down, there are many assignments to be improved in many aspects afterwards. In case of our country also, since the ODR system is still its early developing step, it is not activized yet due to its weak technical, lawful environments. Thus, currently, it is unavoidable to operate the dispute mediation system, carrying out a system by the existing Off-line together, and thereby, as we replace the parts worked out by the Off-line with by the On-line, we must try to develop it into a quick, cheap, and reliable dispute settlement system.

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A Case Study of On-line Arbitration and Comparison on ODR between Korea and China for the Dispute Resolution of E-Commerce (전자상거래 분쟁해결을 위한 한국과 중국의 ODR제도 비교 및 온라인 중재 사례 연구)

  • Moon, Hee-Cheol;Zhang, Ping;Kim, Sung-Ryong
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.29-47
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    • 2014
  • In recent years, with the rapid development of electronic commerce, companies engaging in e-commerce want to take advantage of fast and easy way to solve ever-growing disputes online. South Korea's e-commerce disputes are mainly solved by mediation process of Korea E-commerce Mediation Committee. The whole process of online mediation can be carried out by the network, with the advantages of high efficiency and speed. On the other hand, the introduction of CIETAC's online Arbitration Rules in China meets the actual needs. Especially the requirement of hearing trials' procedures should be easier and faster, making the dispute can be resolved in a short time. Furthermore, the whole process from applying to ruling is conducted online, which meets the needs of e-commerce business that want to solve the disputes faster and more efficient. In addition, the cost of online arbitration is much lower than the average arbitrations. The implementation of the CIETAC's Online Arbitration Rules, will further promote the development of e-commerce in China. With the increase of trade volume between China and Korea, the e-business are also increasing. Although South Korea has not yet implemented online arbitration until now, CIETAC's effort for combining arbitration and mediation have good implications for development Korea's e-commerce online dispute system to promote e-Commerce between Korea and China.

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A Study of the Arbitration to the Rural Land Contract Disputes in China (중국 농지임대차분쟁의 중재에 관한 고찰)

  • Kim, Yong Kil
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.137-163
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    • 2011
  • The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

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The systemic contemplation of sadness mediation program applied to internal senior citizens (국내 노인 대상 우울 중재프로그램에 대한 체계적 고찰)

  • Kim, Kyung-Mi;Kim, Hyun-Young
    • Journal of Digital Convergence
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    • v.13 no.12
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    • pp.391-400
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    • 2015
  • This research analyzes the actual condition and trend in 119 research papers about sadness mediation program for senior citizens, which were published from 1990 to 2014, to find an expansive way for seniors. And the result is as in the following: publish year of subjects is 2010 to 2014, research plan was done by experimental-control group plan, and we quoted the most of the yardstick from foreign research, in the case of the seniors stays in their own house. Art therapy is the most common way of mediation, and most programs were done less than 10 times, once in a week, and less than 60 minutes in once. And variable of efficacy is verified in the order of physical ability, self-worth, and cognitive function. As the first research that analyzes the trend of sadness mediation program for senior citizens, this research is expected to help setting the direction of future research. that is related to convergence.

The introduction of a criminal case arbitration on premise the civil and commercial arbitration (민상사(民商事) 중재제도(仲裁制度)를 전제(前提)로 한 형사중재제도(刑事仲裁制度)의 도입방안(導入方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.93-119
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    • 2009
  • Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

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Accounting Knowledge as a Contributing Intention on Improving Public Accounting Profession

  • ALIMBUDIONO, Ria Sandra
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.9
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    • pp.801-809
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    • 2020
  • Public accountant profile dominated by over-50-year-old people appears to be alarming. The intention towards this profession had better be fostered immediately; therefore, the predictors to boost the intention need to be known. The study examines the influence of accounting knowledge toward the intention to work as public accountant using the Theory of Planned Behavior approach. A survey of 146 students revealed that there was a significantly positive influence of accounting knowledge toward the intention of becoming public accountant, both directly and indirectly, through the mediation of attitudes and perceived behavioral control. Subjective norms did not function as an appropriate mediation. The findings are expected to contribute to universities and professional accounting bodies. The study urges the accounting educators to redesign and reorganize the curriculum, including a more interesting teaching and learning methods. The professional accounting bodies are expected to cooperate with accounting educators in enhancing the internship program and providing real-case study to instill a positive attitude and assurance toward the students' competence, which, in the end, might spark the intention to work as public accountant. That accounting knowledge positively influences the intention toward public accounting profession through the mediation of perceived behavioral control was statistically supported.