• Title/Summary/Keyword: mediation case

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The Research is about a TV Documentary on the Joseon Dynasty's Beauty Makeup -Focus is on the Re-mediation- (TV 다큐멘터리에 표현된 조선시대 미용법 분석 -재매개성 이론을 중심으로-)

  • Barng, Kee-Jung
    • Journal of Fashion Business
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    • v.19 no.5
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    • pp.48-62
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    • 2015
  • The purpose of the study was to investigate how the Classification of the Joseon Dynasty's Beauty characteristics were expressed in a TV documentary focusing ona Re-mediation theory. The methods of study comprised of library research, Internet search, and using TV documentary program case studies. The work this Researcher makeup in the manufacture from the documentary in which the methods the Joseon. Dynasty expressed were selected. The literature, and preceding research, were referred to as a way to help organize the Joseon Dynasty's 'gi-saeng Hwang Jin-Hee', 'woman of royal family', and way of make-up of 'sadae-bu lady'. The TV documentary programs selected were 'MBC special' and '2 parts of channel A documentary special'. First, the improvisation of nature and simultaneity expressed in the Joseon Dynasty's usage of make-up is shown through the interview form reflecting the make-up tools and age direction of the scenes or expert. Second, the interactivity and reality are well seen through the row equivalent in which the model seems to directly use the dressing demonstration of the expert and cosmetics material. Third, the cultural expandability and unexpectedness show through the production of situations which are viewed from the explanation of the narration and letter subtitles and drama.

The Publicness of Public Institutions: Case Study on the Korea Medical Dispute Mediation and Arbitration Agency (공공기관의 공공성 이행 검토: 의료분쟁조정중재원 사례를 중심으로)

  • Yang, Fain
    • Health Policy and Management
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    • v.31 no.3
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    • pp.280-291
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    • 2021
  • Background: Based on the fact that the Korea Medical Dispute Mediation and Arbitration Agency is a public institution established by social demands for medical disputes, this study reviews the publicness of public organization and discusses its policy implications. Methods: Through Moore's strategic triangle, which consists of legitimacy and support, public value and operational capacity, the process of creating public value is examined. For the analysis, case studies were conducted using related literature data from 2012, when the agency was established, to the present. Results: As a result of the analysis, first, the related law examined in the operational capability has been revised dozens of times, but the revised law has its own contradictions and limitations. The human resource system is also being improved, but there is a problem with the fairness and reliability of the arbitration process, especially due to the limitations of the appraiser system. Second, in terms of legitimacy and support, a regional gap occurred despite efforts to improve accessibility through the expansion of the organization. And the arbitration agency failed to reconcile conflicts caused by stakeholders' perception of each other as a trade-off relationship. Third, the public value result shows that, despite many explicit (statistical) achievements, citizens' use of the past dispute resolution means (litigation) has not decreased. Likewise, the perception of value makers (citizens) is important for creating public value as an invisible result, but it has not yet been formally investigated, so the performance can not be recognized. Conclusion: While the organization's efforts for continuous change and improvement are encouraging, it is not perceived as a better means of resolving disputes and improving quality of services. Therefore, it is necessary to reconsider the institutional design centered on value creators.

Semiotic mediation through technology: The case of fraction reasoning (초등학생들의 측정으로서 분수에 대한 이해 : 공학도구를 활용한 기호적 중재)

  • Yeo, Sheunghyun
    • The Mathematical Education
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    • v.60 no.1
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    • pp.1-19
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    • 2021
  • This study investigates students' conceptions of fractions from a measurement approach while providing a technological environment designed to support students' understanding of the relationships between quantities and adjustable units. 13 third-graders participated in this study and they were involved in a series of measurement tasks through task-based interviews. The tasks were devised to investigate the relationship between units and quantity through manipulations. Screencasting videos were collected including verbal explanations and manipulations. Drawing upon the theory of semiotic mediation, students' constructed concepts during interviews were coded as mathematical words and visual mediators to identify conceptual profiles using a fine-grained analysis. Two students changed their strategies to solve the tasks were selected as a representative case of the two profiles: from guessing to recursive partitioning; from using random units to making a relation to the given unit. Dragging mathematical objects plays a critical role to mediate and formulate fraction understandings such as unitizing and partitioning. In addition, static and dynamic representations influence the development of unit concepts in measurement situations. The findings will contribute to the field's understanding of how students come to understand the concept of fraction as measure and the role of technology, which result in a theory-driven, empirically-tested set of tasks that can be used to introduce fractions as an alternative way.

A Case Study of Dispute Mediations on Construction Noise and Vibration Damages (건설소음진동 피해분쟁조정 사례분석에 관한 연구)

  • 곽광수;김재수
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2001.11a
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    • pp.108-113
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    • 2001
  • 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 kinds 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 Environmental 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 suggest basic material on which efficient actions can be taken for public grievances happening in the future.

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

Study on the Establishment of the Act on the Prevention and Protection of Technology Leakage ('기술유출방지 및 보호지원에 관한 법률'제정에 관한 연구)

  • Noh, Jae-Chul;Ko, Zoon-ki
    • The Journal of the Korea Contents Association
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    • v.17 no.7
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    • pp.487-497
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    • 2017
  • South Korea needs reorganization of dispute resolution system due to the frequent occurrence of a case that trade secret or technique are leaked. First, the distributed various laws are established and enforced by enacting and enforcing individual laws. Therefore, the redundancy problems, the collision of individual laws, the decline in diversity, integrity, and connectivity are issues. An independent legal system is needed by Act on the Prevention and Protection of Technology Leakage. Thereby, The support system of technological protection that is sprayed in government departments such as the Small and Medium Business Administration, the Ministry of Trade, Industry and Energy, the Patent Office, the Fair Trade Commission, the Trade Committee, the National Police Agency, and the Spy Agency integrates and unifies institutionally, and it is necessary to advance a policy with functional division. Second, the Patent Tribunal, the Invention Promotion Act, the Industrial Property Right Dispute Mediation Committee by the patent law, the Industrial Technical Dispute Mediation Committee on the Industrial Technology Outflow Prevention and Protection Law and the Medium and Small Firm Dispute Mediation and Arbitration Committee on Small Business Technology Protection Support Law are installed. However, since it established the integrated law on the Act on the Prevention and Protection of Technology Leakage, it is desirable to set the merged operation of establishment on the Technical Dispute Mediation Committee under the Small and Medium Business Administration or the Ministry of Trade, Industry and Energy.

Analysis of Research Trends in the 30 Years of 'Journal of Arbitration Studies' ('중재연구' 30년간의 연구동향 분석 - 한국중재학회 창립30주년에 즈음한 학술연구 동향분석 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.3-22
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    • 2021
  • Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

Virtuality in Digital Fashion Images (디지털 패션영상에 나타난 가상성 연구)

  • Kim, Hyang-Ja;Kim, Young-Sam
    • Journal of the Korean Society of Clothing and Textiles
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    • v.39 no.2
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    • pp.233-246
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    • 2015
  • Focus on Digital Fashion Image, the conceptual framework for the thesis is established from Virtuality in Digital Art. Formative characteristics and aesthetic characteristics were studied by classifying the Digital Fashion Image applied and expressed by digital media and technology. A detective research method was used for a case study. A literature study for case-by-case data was analyzed with focus on the works expressing fashion that utilized digital media and technology since the 2000s. Through this study, the Digital revolution has created the socio-cultural impact of a Virtual representation to implement technology and fashion culture that finds ways to take advantage of the image shown in a Digital Fashion Media by understanding Virtuality. The results are as follows. First, it was a re-formation of the fashion culture through the experience of virtuality with mental zone parameters between the media 'Mediation Code'. Reflect the reality of the virtual environment as represented by a cultural image of fashion brands and fashion that reset the team relationship and formed a Homo Ludens cultural code. Second, 'Interactive Exchange' acts on the exchange interaction between the method of digital technology, the human and the machine as well as the technical interoperability of network elements and techniques. This exchange is applied to fashion images that express emotion. Forming personalized fashion items and the user interactively storage that expresses the interactive exchange to forward the identity of the emotional fashion by a change in the message delivery system fashion. Third, the emphasis on intuitive artistic expression 'Synesthesia Immersion' induces a sense of immersion and excitement through the fusion of the interconnected. Enhance a visual image in fashion sensory representation and maximize a tactile and visual virtual reality involvement.

Canadian Domain Name Arbitration (캐나다의 도메인이름중재제도)

  • 장문철
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.519-546
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    • 2004
  • On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

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Existing Situation and Improvements of Administrative ADR (행정형 ADR의 현황과 개선방안)

  • Kang, Soo-Mi
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.51-75
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    • 2015
  • Administrative ADR to solve new problems has the characteristics of a new project, hence ADR is established and operated with a lack of human and material resources in the process of introducing administrative ADR. Therefore, it is preferred to resolve conflicts by less costly counseling and mutual agreement before mediation. When we try to settle the disputes through administrative ADR at the stage before mediation, it causes problems for the neutrality and impartiality of the dispute settlement procedures. In this case administrative ADR systems should introduce devices that ensure the impartiality of the process. In some issues becoming social problems, relevant administrative agencies are inclined to establish ADR systems. If ADR systems become available, a person who may use ADR services may have some trouble grasping ADR institutions because he/she can hardly distinguish their business affairs. By subdividing administrative affairs, when the disputes have the issues that touch on various fields of the affairs, parties in the disputes have to take ADR procedures one by one in all ADR-related institutions. This may lead to too heavy a burden on the disputing parties, furthermore forcing them to give up the remedies of their rights. For more efficient ADR operations, it is necessary that the institutions which set up and operate ADR systems should actively exchange and cooperate with one another. They need to forge and strengthen the solidarity between administrations and courts. The administrative agencies which run ADR themselves have to build up the devices for preparing human resources and material facilities for administrative ADR.