• Title/Summary/Keyword: ombudsman

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Alternate Dispute Resolution - Free and Speedy Complaints Redressal Framework using Technology: Ombudsmanship at Proverbial Doorsteps in Pakistan

  • Phatak, Sohail Ahmad;Chaudhary, Muhammad Azam Ishaq;Khattak, Muhammad Sajid;Naveed, Anjum
    • International Journal of Computer Science & Network Security
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    • v.22 no.3
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    • pp.344-354
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    • 2022
  • Ombudsmanship is the framework to provide the speedy administrative justice to poor man which is originated in Sweden in the 19th Century and the modus operandi with modernized arrangement of public grievance redressal. Pakistan has thirteen different Ombudsman Institutions at both Federal and Provincial level with limited public accessibility. This paper presents a collaboration framework for extending the outreach of Ombudsmanship at proverbial doorstep of complainants. This framework has three main components as collaborative arrangements, Proceedings and Resolution of the complaints that increased the public trust. A pilot project titles Swift Complaint Resolution (SCR) was constructed and executed by Federal Ombudsman Secretariat to materialize the concept of speedy redressal of complaints. The SCR project first affirmed the strength of the components of the framework. The concept of SCR was first presented in the Federal Advisory committee for Administrative Justice, which comprised of highest level of the Parliamentarians, Public Officials, NGOs and Civil Society where presented guidelines to be adopted for the free and speedy redressal of grievances at proverbial doorsteps in tehsils and district headquarters ultimately to the extended to the union councils. In SCR, the complaints were decided within 25 days even though the Law permitted 60 days that is itself a record in any judicial /quasi-judicial forum.

Mechanisms of Protection of the Rights and Interests of Entrepreneurs in Russia

  • Turanin, Vladislav Yurievich;Kistenev, Vitaliy Valentinovich;Posokhova, Yana Vitalievna;Kisteneva, Olga Alekseevna
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.291-293
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    • 2022
  • The implementation of the legal mechanism to protect the rights and interests of entrepreneurs in Russia has its unique features. When the rights and interests of a businessman are threatened with infringement, specific legal remedies may be applied, by means of which the violated rights and interests are restored and, thereby, the opportunity to resume entrepreneurial activity is created. The paper explores extrajudicial ways to protect the rights and interests of entrepreneurs in Russia. The study analyzes the forms of self-help, arbitral tribunal, resolution of applications and complaints by executive authorities, the notariate, and work with the business ombudsman and civil society institutions.

On the Japanese New Alternative Dispute Resolution System in the Financial Sector (일본의 금융분야 ADR 에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.121-145
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    • 2010
  • In the past, ADR has not been used as frequently in Japan as it has in other parts of the industrialized world. However, though litigation is still the most utilized vehicle of dispute resolution by Japanese financial institutions, this will be changing. The New Financial ADR system, which was created by a June 2009 amendment to the Financial Instruments and Exchange Act, is meant to deal with every stage of financial-related disputes and, as such, strives to resolve disputes before they become significant and acts to ameliorate any post-ADR issues that may remain, thereby completing the FIEA's purpose to protect investors. Since the foundation of the New Financial ADR system applies to all related industries, new provisions were set out in 16 business related acts, such as the Banking Act, the Insurance Business Act, and FIEA itself. October 2010 will mark the formal introduction of a new system of financial ADR in Japan. New Financial ADR in Japan will be modeled on the Financial Ombudsman Service in the United Kingdom, but will not feature one comprehensive dispute resolution system in which one dispute resolution institution covers all disputes in the financial field. The New Financial ADR system is merely one step towards a foundation of comprehensive financial ADR such as FOS. It must be noted, however, that this all important first step was over seven years in the making, involving a great deal of discussion, debate, and compromise amongst many parts of Japanese government, business, and society. The New Financial ADR system grants participating parties the ability to stop the clock on any statute of limitations which may correspond to any future possible court cases related to the dispute,13 and further grants the ability to suspend related court proceedings while the parties are utilizing the New Financial ADR system. In addition, where financial institutions have not accepted dispute resolution proceedings or have not accepted a special conciliation proposal, the Ministry of Finance may issue an order compelling compliance if it is found that certain actions are necessary to ensure the appropriate operations of a financial institution's business. In Japan, as best practices have not yet been created.

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A Study on the National Leading ADR and Private Leading ADR (국가주도형 ADR과 민간주도형 ADR에 관한 연구)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.71-91
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    • 2010
  • ADR is alternative dispute resolution that includes mediation, adjudication, arbitration, conciliation and ombudsman schemes. ADR may be an alternative to going to court or to a tribunal. The main types of ADR are conciliation, arbitration or mediation and ADR is divided into national leading ADR and private lading ADR and national leading ADR includes court-annexed ADR and administrative ADR. Court-annexed ADR has become a well established feature of the judicial systems on a global basis. The bulk of court-annexed ADR in Glove is by way of mediation. Thus each nation takes part in ADR by court involvement and Enactment of ADR-related Laws. And the involvement of nations have both the regulative character and promotive character in ADR. In addition to the national leading ADR, the private leading ADR also must be activated as United Kingdom. Thus this paper deals with national leading ADR and private leading ADR and the purpose of this paper is to contribute to the activation of ADR by studying the promotion and limited the involvement of nation in ADR and private leading ADR in United Kingdom.

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Influence of Emotional Labor on the Job Stress of the Contact Department in a General Hospital Moderation Analysis of Foundation and Occupation (의료 종사자의 감정노동이 직무스트레스에 미치는 영향: 설립형태와 직종의 조절효과)

  • Hwang, Kyoung-Il;Shim, Hyun-Jin;Rhee, Hyun-Sill
    • The Korean Journal of Health Service Management
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    • v.11 no.2
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    • pp.17-27
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    • 2017
  • Objectives : The rapidly changing consumer-centric and customer-oriented nature of the medical environment results in significant cognitive load. We aimed to clarify the situation of emotional labor and job stress among hospital employees and seek policies and hospital management for employees' emotions. Methods : The study was conducted through a questionnaire about emotional labor and job stress among 554 individuals working in Seoul, in 9 national, public, and private hospitals. Results : The results of the emotional labor and job stress questionnaire showed statistically significant differences in surface behavior and job stress; both had higher values in employees from the private hospitals than employees from public hospitals. Conclusions : This study found that the stress of emotional labor is a serious problem in government medical institutions. In addition, these institutions need to provide internal customer satisfaction through the hospital ombudsman and harmonize work and healing programs by including plans for improvement.

The task and view of records and archives management reform - Governance of records and archives management (1. 기록관리혁신의 과제와 전망 - 거버넌스 기록관리)

  • Kim, Ik-han
    • The Korean Journal of Archival Studies
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    • no.11
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    • pp.3-14
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    • 2005
  • This paper aims to consider governance and governance of records and archives management suggested with democracy development. And there are some issues like that. First, it's an issue of authenticity and reliability. Authenticity means that records can be proven to be what it purports to be, to have been created or sent by the person purported to have created or sent it, and to have been created or sent at the time purported. Reliability means that the contents of the records can be trusted as a full and accurate representation of the transactions, activities or facts to which they attest and can be depended upon in the course of subsequent transactions or activities. Second, it's a problem of a point of time related opening when the records and archives management process has designed. Third, there is an issue that a people can related records and archives management, or not. Fourth, it's to consider systematic methodology for achieving business management and records management. And last, it's a topic of relation governance of records and archives management and the nation's participation.

A Study on the Tourism Watchdog for Optimizing Safety System (관광활동의 민원 관계망 최적화 관광 와치도그 도입에 관한 소고)

  • Kyung-Yeo, Koo
    • Asia-Pacific Journal of Business
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    • v.14 no.2
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    • pp.187-199
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    • 2023
  • Purpose - The purpose of this study is to formulate a plan to cope with tourists' rights which can occur in tourist attraction place and anywhere for tourist activities and to seek a plan for introducing a watchdog system for tourists' civil complaints. Design/methodology/approach - To perform this purpose, this article will discuss a research review of the scope of tourist activities in terms of space and place perspectives and compare them to the watchdog and ombudsman concepts. And the study analyses and look at the suggestion about Tourism complains center and the Tourism policy system of procedure function and role critically. Findings - The Watchdog system is a routine activity in which citizen monitoring activities are developed in the form of a system and share inconvenience and anxiety detected in time and space in the expanding range of entertainment, leisure, and sports tourism activities. The resulting accident rate can be reduced, the administrative and private businesses can be resolved, and the cost of handling can be solved. Research implications or Originality - The social contribution of Watchdog can be systematically expanded and resolved at various sites by securing public trust in the country threats in daily places preventing risks securing continuous safety management of related facilities and other industries

Democratic Deepening and Constitutional Engineering in Thailand (태국 민주주의의 심화와 헌정공학)

  • KIM, Hong Koo
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.45-87
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    • 2013
  • This paper aims to study Thai democratic deepening and the constitutional engineering with the analytical concepts of 'power sharing' and 'accountability' focusing on the 1997 and 2007 Constitution. With regard to power sharing, the 1997 Constitution had the characteristics of majoritarian principle including a two-party system, strengthening of prime minister and the executive's power etc. It enhanced significantly the aspects of accountability compared with the previous constitutions. The institutions such as Constitutional Court, Commission on Election, Administration Court, Commission on Human Right, Ombudsman, Commission on Anti-corruption, and the Measure for Anti-money Laundering were established by the 1997 Constitution. However, such empowered accountability system were often abused by the political power groups in the political process. The 2007 Constitution has the characteristics of consensual principle including a multiparty system, proportional representation system, weakened prime minister's power, balancing of cabinet and parliament's power, pushing ahead with decentralization. However, the consensual principle of the 2007 Constitution came, in part, from the factional interests. It is similar to the 1997 Constitution in terms of accountability system, which enhanced in law but abused often in practice. One of the critical reasons for the failure of the 1997 and 2007 constitutions to consolidate democratic system was the political game played around the so-called network for the monarchy composed by the military, the civilian bureaucracy, Constitutional Court and the privileged classes. The future of the Thai democratic deepening depends on the constitutional engineering in which the factional interests should be excluded, and the rules of power sharing and accountability which traditionally played around the network for the monarchy should be effectively institutionalized.

FOI and Government Records Management Reforms under Obama Administration (미국 정보자유제도와 정부기록관리 혁신 오바마 행정부의 정부개방정책을 중심으로)

  • Lee, Sang-min
    • The Korean Journal of Archival Studies
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    • no.35
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    • pp.3-40
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    • 2013
  • Establishment and expansion of a FOI regime is a fundamental basis for modern democracy. Informed decisions and supports by the people are critical to establishment of democratic institutions and policies. The best tool to make informed decisions and to ensure accountability is the FOI. For effective FOI, good records management is necessary requirement. This paper observes and analyses the development of the FOI in the U.S., the Open Government policy, and the government records management reforms under Obama Administration to search viable solutions for Korean FOI and public records management reforms. Major revisions and advancement of the FOIA in the United States are examined, especially the revision of the FOIA as the OPEN Government Act of 2007. The FOIA revision enhanced greatly the freedom of information in the U.S. including the establishment of an independent FOI ombudsman by the Congress. The paper also discusses the Presidential memoranda on the Open Government and the FOI by President Obama, the following directives, Presidential memorandum on government records management and the Government Records Management Directive. Major contents of the directives, plans, and achievement are summarized and analysed. Finally, this paper compares the government records management reforms under former President Roh Mu Hyun with the Obama's reform drive. The comparison found that major difference in the "top-down" government records reforms are the difference in democratic institutions such as weak congressional politics, strong bureaucratic obstacles, and relatively weak social and professional supports for the reforms in Korea, while these reforms were similar in terms that they were driven by insightful political leaders. Independent FOI ombudsman and national records administration are necessary for such democratic reforms.

A Comparative Study on Policies of Elderly Abuse in the Long-Term Care Facilities on WHO, Main countries (장기요양시설내 노인학대 대응정책에 관한 연구: WHO 및 주요국의 정책 비교를 중심으로)

  • Moon, yongpil;Lee, hoyong
    • 한국사회정책
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    • v.24 no.1
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    • pp.67-95
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    • 2017
  • This study compared policies of elderly abuse of long-term care facilities on WHO, Main countries for improvement of Korean policy. So, This study reviewed policies of elderly abuse of long-term care facilities on WHO, Main countries. So, This study reviewed risk factors that may increase the potential for abuse of an older person can be identified at individual level, care-woker levels, socio-cultural levels and facilities levels. The results of the study were as follows: First, The openness of long-term care facilities are emphasized on many countries. There are a need for a policy considerations such as policies of Ombudsman, Adult guardianship for visiting facilities, external monitoring. Second, There was a difference of facilities infrastructure and workers of treatment condition long-term care facilities each other countries. So It is important to improve facilities infrastructure and workers of treatment condition. Third, It is necessary to consider traits of elderly in long-term care facilities. Especially, it is required to manage dementia elderly and elderly on night time in long-term care facilities. Finally, implications and future directions of policies of elderly abuse of long-term care facilities were discussed based on the finding of the study.