• Title/Summary/Keyword: special cause

Search Result 530, Processing Time 0.024 seconds

A Study on the Effects of Health Behavior upon Health Status in Some Old People (일부 노인의 건강행동이 건강상태에 미치는 영향)

  • 김정원;김초강
    • Korean Journal of Health Education and Promotion
    • /
    • v.14 no.1
    • /
    • pp.73-95
    • /
    • 1997
  • Elderly problem from being aging society, especially health related problem of the elderly is very serious in many parts of this country. The reason is that most of geriatric disease are chronic and debilitating. The cause of chronic and debilitating disease are bad lifestyle and wrong health habit. Health is affected by a result of interaction of environment and human being. Because of difference of lifestyle between a city and a farm village, health behavior and health status of urban elderly and rural elderly may be dissimilar. Thus the purpose of this study was to grasp health behavior and health status, to identify the factors that effect on health status of the elderly. The subfects for this study, 488 persons aged 60 and over who live in Seoul or Cheonbuk Province. The preliminary survey was carried out from Aug. 19, to Aug. 22, 1996. With complement of questions, main survey was carried out from Sep. 29, to Oco. 10, 1996. The data was analysed by using in SPSS/PC+ program. The results were as follows. 1. General Characteristics 1) In the individual characteritics of the respondents, Seoulites aged 80 and over were 24.7%, the average age was 73.14 years old and rural residents aged 60-69 were 63.7%, the average age was 68.90 years old. In Seoul, 142 men and 101 women were respondents. In Cheonbuk Province, 101 men and 144 women were answered. In Seoul, those who graduated form elementary school were 35.4%, in farming region, illiteracy persons were 44.9%. In Seoul, 47.7% of respondents had spouse and in farming village, 66.1% of respondents had spouse. 39.0% of respondents who's imcome type was independent were Seoulite, and 66.1% of respondents who's income type was independent were rural residents. Employed persons in Seoul and in rural region were 16.9% and 62.0%. 2. Health Behavior 1) For the health behavior total score, the difference by region was not statistically significant. But the score of individual item was different and statistically significant. 2) For the Seoulites, younger person(p〈0.01), the female(p〈0.001) showed better health behavior and for the farming village residents, younger person(p〈0.01), the female(p〈0.01), independent income type(p〈0.05), employed person(p〈0.05) showed better health behavior. 3. Health Status 1) For the self-rated health status total score, the difference by region was statistically significant and individual item score was different and statistically significant. For ADL and IADL total score, the difference by region was not statistically significant, but individual item score was different and statistically significant. 2) For the Seoulites, woman(p〈0.05), lower education(p〈0.00l), independent income type(p〈0.05) showed higher score in self-rated health status. For rural residents, woman(p〈0.05), lower education(p〈0.01), independent Income type(p〈0.001) showed higher score in self-rated health status. For the Seoul residents, younger person(p〈0.001), employed(p〈0.05) showed higher score in ADL and IADL, and for the farm area residents, younger person(p〈0.001), higher education(p〈0.01), having spouse(p〈0.001), family type(p〈0.01) showed higher score In ADL and IADL. 3) For the Seoulites, drinking(p〈0.05), breakfast(p〈0.05), exercise(p〈0.05) and for the rural residents, drinking(p〈0.05), deep sleeping(p〈0.05), exercise(p〈0.01), washing hands before meal(p〈0.01) showed higher score In self-rated health status. For the Seoulites, deep sleeping(p〈0.05), exercise(p〈0.05) and for the farm village residents, fruit(p〈0.05), deep sleeping(p〈0.05), exercise(p〈0.001) showed higher score in ADL and IADL. We carried out this study to analyze the effectiveness through health education program in short term which was performed to use the special subject activities. This study was conducted on 63 students who were first grade in S Junior High School from Dec. 1995 to Feb. 1996. To analyze the effectiveness, we performed the Pretest, 1st Posttest, and 2nd Posttest for learned health knowledge. The results were as follows: 1. Most of the students(69.8%) responded that their health were good, and they got the information for health through Mass Com.. The students who had experience of health education were 15.9%, and the 77.8% of the respondents needed the health education. 2. The means of health knowledge on tests were 18.2(Pretest), 21.5(1st Posttest), and 21.4(2nd Posttest). Increase of health knowledge between Pretest and 1st Posttest was 10.9%. 3. The mean of differences between Pretest and 1st Posttest was 3.26, it was significant(p〈0.01). And the mean of differences between Pretest and 2nd Posttest was 3.19, it was significant(p〈0.01);however, the mean of differences between 1st Posttest and 2nd Posttest was not significant(p=0.2514). 4. The significant main contents were Health Facilities(d=0.42), Pregnancy and Labor(d=0.39), Hygiene(d=0.35), Safety Education(d=0.66), and Drug Abuse(d=0.60)(p〈0.01).

  • PDF

Prevalence of Obesity and Its Relationship to Diet on Elementary Students (학동기 아동의 비만유병률과 체중조절 실태에 관한 연구)

  • Rho, Young-Ill;Kim, Kang-Ho;Yang, Eun-Seok;Park, Young-Bong;Park, Sang-Kee;Park, Jong;Moon, Kyung-Rye
    • Pediatric Gastroenterology, Hepatology & Nutrition
    • /
    • v.3 no.2
    • /
    • pp.181-187
    • /
    • 2000
  • Purpose: The purpose of our study is to provide useful information for the prevalence of obesity by the standard weight for height and the relationship of the body image to dieting methods for weight control in children. Methods: The survey was performed by an anthropometry and a special questionnaire on children in grades 5 to 6 at elementary schools from May to June 1997 in Kwangju city. Results: 1) Selected individuals were categorized into obese, normal, thin by the standard weight for height and body image. The prevalence of obesity by the standard weight for height was 19.5%, normal was 70.5%, thin was 10.1% in males and respectively 10.5%, 66.3%, 23.1% in females. The prevalence of obesity in regards to body image was 18.4%, normal was 58.4%, thin was 23.2% in males and respectively 24.5%, 58.6%, 16.9% in females. 2) The obese body image was 6.8% in normal and thin groups in males and 19.4% in females. The body image of obese children who do not perceive themselves as obese was 32.6% in males and 28.7% in females. 3) The standard body image was 88.8% as realized by themselves, 77.9% when they compared themselves to friends, 62.7% as told by parents, 56.8% as told by friends, and 29.9% when they compared themselves to celebrities. 4) The source of information for dieting treatment was 44% from radio and television, 30% from books, newspapers, magazines, 17% from family and 9% from friends and seniors. 5) The prevalence of dieting according to the standard weight for height was 18.0% in thin, 18.7% in normal and 36.7% in obese group in males and respectively 17.8%, 22.4%, 46.3% in females. There was a statistically significant correlation between males and females (p<0.0005). 6) The prevalence of dieting up to 2 weeks in the thin and normal groups as recognized by weight centile was 17.3% according to body image. The prevalence of dieting up to 2 weeks in the obese groups was 37.2% according to body image (p<0.001). Conclusion: We suggest that many students perceived their body size incorrectly and tried weight control. The incorrect perception of body size seems to cause the problem of failure to thrive, malnutrition etc. It is necessary for further study to find and prevent side effects by unnecessary weight control and to provide proper health education and management about obesity.

  • PDF

Establishing Process of the 1st 10-year National Greening Project : At the Turning Point between the Management-oriented Approach and Administration-oriented Approach (제1차 치산녹화10년계획의 수립 과정:경영중심 임정과 행정중심 임정의 갈림길)

  • Bae, Jae-Soo
    • Journal of Korean Society of Forest Science
    • /
    • v.96 no.3
    • /
    • pp.269-282
    • /
    • 2007
  • The purpose of this study is to investigate the causes of the dramatic process in forest policies from July of 1972 to June of 1973. In 1972, the core forest problem calling for an immediate solution was the severe forest degradation such as a low growing stock ($11m^3/ha$) and lots of non-tree forest land corresponding to 12% of total forest land. There could have been various approaches to solve the problem at that time. By the end of 1972, the Korean government was afoot to choose the management-oriented approach to carry out reforestation as a part of forest management. In order to implement this approach, the Korean government established the Forest Development Law enforcing establishment of the Forest Management Corporation as a public organization to carry out forest management in the special development land. However, the Korean government changed the management-oriented approach into the administration-oriented approach to carry out reforestation as a part of forest greening in order to rehabilitate severe degraded forests as soon as possible in early 1973. The Forestry Administration (refer to Forest Service) was transferred from the Department of Agriculture and Forestry to the Department of Interior for the efficient rehabilitation in advance, before the 1st 10-year National Greening Project. After the organization's transfer, the government established the 1 st 10-year National Greening Project aiming to reforest one million ha from 1973 to 1982 to use activities like the national greening campaign and the administrative organization mobilization including police force. Reforestation policy as a part of forest management lost effect due to the greening-oriented approach choice. Moreover, the Government struggled to provide 20 billion won for the establishment of the Forest Management Corporation. After all, on March 5th of 1973, the management-oriented approach dropped a curtain deleting the clauses defining the establishment of the Forest Management Corporation. Park, Chung-hee who was the then president of Korea might have felt the 'time restriction' to lose no time to habilitate degraded forests. Due to his awareness, the approach regarding reforestation was changed into administration-oriented activities. The president's awareness was considered as an invisible cause at that time.

Knowledge and Performance of Universal Precautions by Nursing Students (일부 간호대학생의 혈액매개질환 예방 지침에 대한 지식과 실천 정도)

  • 김경미;김민아;정여숙;김남초
    • Journal of Korean Academy of Nursing
    • /
    • v.29 no.4
    • /
    • pp.929-939
    • /
    • 1999
  • The purpose of this study was to identify knowledge of universal precautions and its performance in practice. The research was conducted from November 2 to 30, 1998. A total 515 student nurses ; 249 from a baccalaureate nursing college and 266 from second and third year of a 3-year community nursing college were surveyed. The results are as following : 1. The average score for universal precautions knowledge was 270.41$\pm$19.43/300(range 150-300). The results showed that 99.2% of students avoid injury from used needles, 98.6% answered that they always wash their hands if they had contact with the patient's blood and they always dispose of used needles in special collectors (97.7%) for needles. But, 39.2% responsed that they dispose of used needles after recapping them. 2. The average score for universal precautions knowledge of the senior students in the 4-year college was the highest (277.65$\pm$13.99). 3. The average score for the performance of universal precautions knowledge was 53.18 $\pm$5.91(range 14-70). The items : ‘I cautiously avoid injury from the used needles’(4.92$\pm$0.33), ‘I always wash my hands if there has been contact with the patient's blood’(4.91$\pm$0.34), and ‘I always disposed of used needles in the appropriate collector’(4.89$\pm$0.42) showed the highest performance. However ‘I always dispose of used needles after recapping them’(2.19$\pm$1.39) and ‘I always use protection goggles when in danger of contamination’(2.19$\pm$1.20) showed low performance level. 4. The highest average score for universal precautions performance was shown among the second year students in 3-year nursing college (54.19$\pm$6.92) between the groups. It showed that the level of the universal precautions performance was higher for those who had education on university precautions prior to performance of the universal precautions than for those without any prior education. 5. The percentage of students who reported the experience of direct contact with patients' blood and/or body fluids was 42.30%. The experience of direct contact with blood and/or body fluids of the educational group was significantly higher than those were not educated. 6. The most frequent cause of the direct contact was ‘needle pricking and/or skin cut’(63.04%). The most frequent substance with which the students contact was ‘blood’(59.85%). The majority of the sample had answered that the mode of contamination was ‘unknown’(63.54%). The majority of the sample answered that strategies used after contamination included ‘washing with soap’(33.61%). Reviewing the chart of patients or asking other health professionals(28.85%). 7. The number of students who had the experience of a needle stick and/or skin cut was 145(28.16%). The clinical practice places where the incidents occurred were mainly in the internal medicine unit (45.07%) and the surgical unit (31.92%) followed by the intensive care unit and the emergency unit in order. The experience of a needle stick and/or skin cut happened during on intra-muscular injection 47.34% and intravenous injection 21.81%. The causes of the needle stick and/or skin cut were ‘putting the needle cap back on 77(35.81%)’. The number of students who took an appropriate post management blood test and/or vaccination was 27(18.62%). 8. The Pearson Correlation Coefficient between the knowledge of universal precautions and performance of universal precautions in practice showed a positive correlation.

  • PDF

COMPARISON OF SCREW-IN EFFECT FOR SEVERAL NICKEL-TITANIUM ROTARY INSTRUMENTS IN SIMULATED RESIN ROOT CANAL (모형 레진 근관에서 수종의 전동 니켈-티타늄 파일에 대한 screw-in effect 비교)

  • Ha, Jung-Hong;Jin, Myoung-Uk;Kim, Young-Kyung;Kim, Sung-Kyo
    • Restorative Dentistry and Endodontics
    • /
    • v.35 no.4
    • /
    • pp.267-272
    • /
    • 2010
  • Screw-in effect is one of the unintended phenomena that occurs during the root canal preparation with nickel-titanium rotary files. The aim of this study was to compare the screw-in effect among various nickel-titanium rotary file systems. Six different nickel-titanium rotary instruments (ISO 20/.06 taper) were used: $K3^{TM}$ (SybronEndo, Glendora, CA, USA), $M_{two}$ (VDW GmbH, Munchen, Germany), NRT with safe-tip and with active tip (Mani Inc., Shioya-gun, Japan), ProFile$^{(R)}$ (Dentsply-Maillefer, Ballaigues, Switzerland) and ProTaper$^{(R)}$ (Dentsply-Maillefer, Ballaigues, Switzerland). For ProTaper$^{(R)}$, S2 was selected because it has size 20. Root canal instrumentations were done in sixty simulated single-curved resin root canals with a rotational speed of 300 rpm and single pecking motion. A special device was designed to measure the force of screw-in effect. A dynamometer of the device recorded the screw-in force during simulated canal preparation and the recorded data was stored in a computer with designed software (LCV-USE-VS, Lorenz Messtechnik GmbH, Alfdorf, Germany). The data were subjected to one-way ANOVA and Tukey's multiple range test for post-hoc test. P value of less than 0.05 was regarded significant. ProTaper$^{(R)}$ produced significantly more screw-in effects than any other instruments in the study (p < 0.001). $K3^{TM}$ produced significantly more screw-in effects than $M_{two}$, and ProFile$^{(R)}$ (p < 0.001). There was no significant difference among $M_{two}$, NRT, and ProFile$^{(R)}$ (p > 0.05), and between NRT with active tip and NRT with safe one neither (p > 0.05). From the result of the present study, it was concluded, therefore, that there seems significant differences of screw-in effect among the tested nickel-titanium rotary instruments. The radial lands and rake angle of nickel-titanium rotary instrument might be the cause of the difference.

Study on the legal system alignment of Invention Promotion Act and Its Relationship with the Framework Act on Intellectual Property (발명진흥법 법체계 정비와 지식재산 기본법의 관계에 관한 연구)

  • Lee, Kyung-Ho;Kim, Si-Yeol;Kim, Hwa-Rye
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.17 no.8
    • /
    • pp.280-291
    • /
    • 2016
  • The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

Clinical significance of matrix metalloproteinase 9 and tissue inhibitor of metalloproteinase 1 and 2 in Kawasaki disease (가와사끼병에서 Matrix metalloproteinase 9과 Tissue inhibitor of metalloproteinase 1, 2의 임상적 중요성)

  • Yun, Ki-Wook;Yun, Sin-Weon;Lee, Jung-Ju;Chae, Soo-Ahn;Lim, In-Seok;Choi, Eung-Sang;Yoo, Byoung-Hoon;Lee, Mi-Kyung
    • Clinical and Experimental Pediatrics
    • /
    • v.53 no.4
    • /
    • pp.510-518
    • /
    • 2010
  • Purpose : Kawasaki disease (KD) is a systemic vasculitis, a leading cause of pediatric acquired heart disease. Histopathological findings of coronary artery lesion (CAL) in KD indicate destruction of the coronary artery wall with diffuse vasculitis. Matrix metalloproteinases (MMPs) and their endogenous tissue inhibitors (TIMPs) might play central roles in this process. Special attention to MMP-9 has recently been emerging. This study was performed to investigate the clinical significance of MMP-9 and its inhibitors, TIMP-1 and TIMP-2, in KD. Methods : We compared 47 KD patients with 14 febrile controls. Serum MMP-9 and TIMP-1, TIMP-2 were measured by ELISA and compared according to clinical stages and coronary involvement. Results : In acute stage, MMP-9 and TIMP-1 were significantly higher, whereas TIMP-2 was lower, in KD than those in febrile controls ($P$<0.05). The elevated MMP-9 levels in acute phase significantly decreased during the subacute and convalescent phases ($P$<0.05). During acute phase, the MMP-9, TIMP-1, and MMP-9/TIMP-2 levels in the CAL group were lower than those in the non-CAL group, but they increased significantly in the subacute phase ($P$<0.05). MMP-9 has a positive correlation with TIMP-1 in the acute and subacute phases, and negative correlation with TIMP-2 in the subacute and convalescent phases ($P$<0.05). Conclusion : These results suggest that MMP-9, TIMP-1, and the imbalance in MMP-9 and TIMP-2 might play important roles on the pathophysiology of KD and especially on the development of CAL. However, further larger studies are needed.

Change of Germination Rate for Chili Pepper and Chinese Cabbage Seed in Relation to Packaging Materials and Storage Conditions over 10 Years (보관용기 및 저장조건에 따른 고추 및 배추종자의 10년간 발아율 추이)

  • Soh, Eun Hee;Lee, Woo Moon;Park, Kee Woong;Choi, Keun Jin;Yoon, Moo Kyoung
    • Horticultural Science & Technology
    • /
    • v.32 no.6
    • /
    • pp.864-871
    • /
    • 2014
  • Seed viability is affected by storage conditions and rapid loss of viability in storage is the major cause for low germination. This study was carried out to examine the effect of packaging materials and storage temperature on seed germination rate over 10 years in two species (Capsicum annuum L. and Brassica rapa L. ssp. pekinensis) and determine effective storage conditions for maintaining seed viability. Seeds were packaged in aluminum poly pouches under vacuum, polyethylene bottles, and paper bags containing silica gel and stored under one of two controlled conditions ($15^{\circ}C$, RH 40% or $5^{\circ}C$, RH 30%) or at ambient condition. Seed germination was recorded at 6-month intervals for 10 years. The seeds of both species showed no decline in viability until 6.5 years at 15 or $5^{\circ}C$, irrespective of packaging materials. However, under ambient conditions, the seeds of chili pepper and Chinese cabbage in paper bags lost viability after 4 and 5 years, respectively. By contrast, seeds of both species in vacuum-aluminum poly pouches exhibited a 99% germination rate after 6 years under ambient conditions. Pepper seeds in the vacuum-aluminum poly pouches maintained a 93% germination rate after 10 years in ambient conditions. These results indicated that a special seed storage facility for maintaining viability of chili pepper and Chinese cabbage seed might not be essential and seed testing would not be necessary for 10 years, if chili pepper and Chinese cabbage seeds were packed in ambient/vacuum-aluminum poly pouches or $5^{\circ}C$/vacuum-aluminum poly pouches.

A Study on the Knowledge. Attitude and Behavior of Commercial Girl's High School Students Toward Sex (서울시내 실업계 여고생들의 성지식 태도 및 행위에 관한 조사연구)

  • Bae, Nam-Sook
    • Korean Journal of Health Education and Promotion
    • /
    • v.1 no.1
    • /
    • pp.57-71
    • /
    • 1983
  • Sex education is necessary for the youth that they should have an adequate sexual knowledge, attitudes and behaviors in their adolescent period. Four major objectives of this study are as follows; 1. To know the level of sexual knowledge of commercial girl's high school students in Seoul. 2. To know their actual state for the attitudes and behaviors toward sex. 3. To compare the sexual knowledge, attitudes and behaviors of day time school students with those of night time school students. 4. To compare the factors associated with their sexual knowledge, attitudes and behaviors with the individual level. Data were collected on 986 students in Seoul from April 1 to April 10, 1983. As the result of this survey, the following conclusions were obtained. 1. The level of sexual knowledge. (1) The level of knowledge of day time high school students about the physiology of female and pregnancy is shown higher than those of night time students. 64.2% of the respondents are aware of the organ producing ovum. 56.4% the ovulation period. 95.6% the cause of pregnancy. 74.5% the pregnantable period and 12.7% the place of fetilization. (2) Out of 986 respondents. 71.8% knew about contraceptive method correctly, and day time school students knew litter better than night time school students, by showing 73.9% and 69.7% respectively. They knew about contraceptive method with 'oral pills'. 'menstrual cycles', 'condoms'. and 'loops' in the same order. 3) Kinds of veneral disease was correctly known by 37.9%. Day time students knew much better than night time school students. by showing 67.8% and 7.9%. respectively. Transmission method of veneral disease was correctly known by 28.3%. Day time students knew much better than night time students, by showing 51.2% and 5.3%, respectively. (4) The major information source of sexual knowledge was 'book and magazine' (39.9%) and 'friends' (27.4%). 2. Actual state of attitudes and behaviors toward sex. (1) Out of 986 respondents, 84.0% answered that premarital purity should be kept. (2) Out of 986 respondents, 60.8% had an acquaintance of the opposite sex. 45.2% of students with opposite sex reported introduction of their friends as the main channel of making an acquaintance of the opposite sex. (3) Of those who responded to this study 13.8% reported having masturbation, 21.5% kissing, 6.2% petting and 3.7% sex intercourse. (4) 64.8% had sexual problems, which was mensturance (27.2%), aquaintance of the opposite sex (25.4%). The main method to solve the problems were consultation with 'friends' and 'books and magazine' percentage being 39.1% and 30.8%, respectively, whereas very small students discussed with 'teachers' and 'parents' percentages being 0.3% and 5.9%, respectively. (5) Out of 986 respondents, 62.2% had experience in educating about sex, the percentage of day time school was higher than that of night time school. (6) 88.2% of students wanted sex education in school, which were 'general information about sex' (35.4%), 'sexual morality and solution of sexual desire' (18.5%), 'aquaintance of the opposite sex' (13.3%) and 'marriage and role of man and woman' (12.4%) in the same order. They wanted to be instructed about sexes in the lecture of physical education, home economics, biology, military training (59.9%), regular curriculum (17.5%), special lecture (16.9%) and by the counselor or school nurse (5.7%). 3. Analyse concerning the factors about the knowledge, attitudes and behaviors. (1) The better school record was, the higher the level of sexual knowledge. (2) Those who have the religion considered the permarital purity more important than those who have not, the percentage showing 86.7% and 80.7%, respectively. (3) The result of dyad analysis of making acquaintance of the opposite sex in the friendship network showed that a high index of the acquaintance of the opposite sex tends to be a high adoption of making one at the individual level in the group, while the low index tends to be a low adoption of making one in the group.

  • PDF

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
    • /
    • v.13 no.1
    • /
    • pp.169-205
    • /
    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

  • PDF