• 한국중재학회지:중재연구
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• 제13권2호
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

• Child Health Nursing Research
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• 제5권3호
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• pp.292-304
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• 1999

The lengthened average span of human life by virtue of recent developments in medicine has caused the Population of elders to increase. The development of modern industrial society has transformed family structure from the large family system to that of a nuclear family. Due to the shift in family structure, the problem of support for the aged has surfaced as a nursing problem as well as a social problem. With regard to this problem, this study aims to investigate the adolescent's understanding of elders and aging. By identifying their understanding and classifying their attitude patterns, this study will help the nursing assessment of the support of elders in the family. This study employed Q-methodology and the research was conducted from December 1998 to May 1999. One method of the research included deep interviews with elders, those who are in their 50's. 40's or 30's. and the adolescent. 183 Q-Populations taken from literary works such as poems or novels were also formed as another method. Finally. 36 Q-cards were made after consultation with Professors of the nursing department. The subjects of the P- sample were 30 high sohoolboys/girls - who were in first, second, and third years. The result showed that 3 factors provided an explanation for 59.14% of the whole variables: the first factor, 41.37%; the second factor. 11.49%, and the third factor. 6.28%. These three factors were analyzed and categorized as three types. Twenty subjects out of the 30 were included in Type 1: Respecting Elders. The statements which showed the most positive consent were as follows: 'The declining age is a perfect time to prosper completing a worthy life' ; 'Getting old. one needs financial stability' and 'Elders wish the best for their children' The statements showing the most negative response were as follows: 'It is better to die than to live as an older person' ; 'Elders are insignificant' ; and 'Getting old is the worst unhappiness that tortures human.' Four subjects were included in Type 2. Resenting Elders. The statements which showed the most positive consent were as follows: 'Aging is a process of dying that nobody can escape from'. 'Elders should be concerned about his health and try to maintain their health' ; and 'When you set older. you regret about the life in the Past.' The statements showing the most negative response were as follows: 'When You get older. You should stand aloof greed and worldly things' 'When You got older, You become generous and gentle' ; and 'When You set he gets old. You change to become a comfortable and warm person.' Six out of 30 subject were included in Type 3 Caring Elders. The statements which showed the most positive consent were as follows: 'Elders should be concerned about his health and try to maintain their health' ; 'Elders wish the best for their children' ; and 'Elders deserve to be treated with filial respects.' The statements showing the most negative response were as follows 'Elders are insignificant' ; 'Elders have freedom and plenty of free time.' and 'Elders are alienated form and drove out of the society.' The above-mentioned results show that most adolescents in Korea recognize aging as the time of fruition and development: it is a time of benefiting and giving back to society. Aging can also be seen as a time of generosity and magnanimity and the time of respect and favorable treatment from society. despite the change of modern society and the ostensible transformation of a family system. Their recognition seems deeply rooted in the traditional confucian values and the dual family system which is Peculiar especially to the Korea - one which maintains both the superficial form of nuclear family and the substantial mode of the enlarged family system. In sum, many Korean adolescents attribute the meaning of the elderly and aging to the type of the respect with the elderly and the type of the elderly's caretaking.

• 동양고전연구
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• 제37호
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• pp.377-410
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• 2009

근대 이전 동아시아 유교문화권의 지적 체계와 학문은 인간과 자연을 통일체적으로 사유하는 가운데 인간의 본성을 발현함으로써 사회적 실천을 도모하는 것이었다. 특히 주자에 의해 집대성된 송대 신유학은 '이기(理氣)' 개념으로 인간과 사회, 우주와 자연을 일통의 유기적 구조로 설명하였으며, 이러한 철학체계 내에서 인간학과 자연학은 통합되어 있었다. 동서의 충돌과 교류는 동아시아의 지적 체계에 균열을 일으켰고, 전통적 학문 개념의 전이와 변용을 가져왔다. 개화와 진보의 욕망을 내면화하고, 동도(東道)와 서기(西器), 신학(新學)과 구학(舊學) 논쟁을 거치면서 유학은 비판과 쇄신, 부정과 폐기의 대상이 되었다. 인간 본성의 자각과 도덕 실천의 이상(理想)은 문명개화와 근대 국가 설립의 제한적 수단으로만 논의될 뿐 더 이상 학문의 본령으로서 위상을 갖지 못했다. 서구 근대의 광휘는 전근대 동아시아 사회를 규준했던 학문의 내용과 방법은 물론 목적까지 변화시켰다. 근대 계몽기 서구 문명 수용과정에서 한자(어)로 구성된 전통 학술 용어나 개념은 외래 학문을 번역, 소개하는데 여전히 유효한 기제였다. '격치(格致)'와 '궁리(窮理)'는 자주 인용되었는데, 인간과 우주 만물에 내재한 본성을 탐구하는 전통적 의미는 점차 퇴색되고, '격치학(格致學)', '궁리학(窮理學)' 등 개별 학문을 지칭하는 명사로 변환되었으며, 때때로 철학(philosophy), 과학(science) 등 상이한 학문 영역을 넘나들며 사용되었다. 학문 개념과 지적 체계의 이러한 변동은 외래 학문의 수용 양상을 보여주는 한편 동아시아 전통 학문이 지닌 특성을 드러낸다. 이제 가치와 사실의 분리, 인간학과 자연학의 분리, 학문의 분과화를 진행해 온 근대학문은 또 하나의 전통이 되었고, 계승과 극복의 양가적 대상이다.