• 제목/요약/키워드: the court of Korea

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미국의 사법형 ADR제도와 그 함의에 대한 연구 (A Study of the Court-Annexed ADR and Its Implications in the United States)

  • 김진현;정용균
    • 한국중재학회지:중재연구
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    • 제21권3호
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    • pp.55-87
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    • 2011
  • This paper is to illustrate a variety of court-annexed ADR programs and vindicate its implications of court-annexed ADR in United States. It has been almost three decades since Frank Sender articulated his vision of the multi-door courthouse. The court-annexed ADR originated from the concept of multi-door court house. Professor Sander argued that the court must transform from the court that provides litigation, only one type of dispute resolution, to the multi-door courthouse which provides a variety of dispute resolution methods including a number of ADR programs. The types of court-annexed ADR on which this paper focus are court-annexed mediation, court-annexed arbitration, mini trial, early neutral evaluation(ENE), summary jury trial, rent-a-judge, and med-arb in United States. The findings of this paper is as follows. First, the ADR movement is the irreversible and dominant phenomenon in the US court. The motivation of incorporating ADR into court is to reduce the cost of court to handle the civil disputes and to eliminate the delay of litigation process in the court. At the same time, a couple of studies of ADR revealed that the ADR program satisfied users of ADR. Second, the landscape of ADR has not been fixed. In 1970's, the court-annexed arbitration has been popular. In 1980's, the diverse kinds of ADR programs were introduced into the federal court as well as state courts, such as mini trial, early neutral evaluation(ENE), summary jury trial, and court-annexed mediation. But in 2000s, the court-annexed mediation has been the dominant type of ADR in United States. Third, the each type of ADR program has its own place for the dispute resolution. Since Korean society enters into the stage in which diverse kind of disputes occur in the areas of environment, construction, medicare, etc, it is desirable to take into consideration of the introduction of ADR to dispute resolution in Korea.

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IT융합기술이 접목된 Smart Food Court 급식 시스템 연구 (A Study on Grafted IT Convergence Technology of Food Court Meal System)

  • 임상선;박대우
    • 한국전자통신학회논문지
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    • 제6권5호
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    • pp.689-696
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    • 2011
  • 급식산업은 경제발전상황과 사용자의 편의성 및 고객욕구에 따라 단순급식을 벗어나 고객의 욕구를 만족시킬 수 있는 프리미엄급 급식을 요구하기 시작하였다. 급식 시스템에 도입된 식기에 RFID을 도입 하였으나, 고온과 저온 및 염도에 RFID 칩이 오작동하여 급식시스템에 문제가 발생하였다. 본 논문에서는 IT융합기술이 접목된 스마트 급식을 위하여 Food Court 배식에 RFID 칩을 넣어서 실험을 하였다. Food court 급식 시스템에서 뜨거운 음식($125^{\circ}C$)과 차가운 음식($-40^{\circ}C$) 및 염분이 함유된 음식을 반영하여 고온, 저온 실험, 염수 분무 실험을 통하여 스마트 급식의 안정성을 확보 하였다. 또한 기존의 일자형 배식, 스크램블형 배식, Marketplace 배식, Food Court 배식을 비교 분석하고 장점을 연구하였다. 본 논문연구를 통하여 Food Court 배식에 IT융합 기술인(RFID, LCD, S/W, H/W)을 적용하는 스마트 Food Court 급식산업발전에 기여할 것이다.

소송제도와 이상적인 분쟁해결제도에 관한 연구 - 대법원의 상고법원 설치안을 중심으로 - (A Study on the System of Litigation and Ideal Dispute Resolution)

  • 신한동
    • 무역상무연구
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    • 제68권
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    • pp.43-63
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    • 2015
  • The number of final appeal(the rate of final appeal: 43%) has been on the increase every year over the past ten years in Korea. The number of final appeal cases given to a justice of the Korean Supreme Court amounts to nearly one everyday, which makes it vulnerable to faulty decisions. Reversal rate of final appeal is as low as 10% with most of the cases being dismissed and hence the percentage of people having trust in the judiciary is merely 27%. In this context, the Korean judiciary has announced its plan to set up a final appellate court in the Supreme Court. The establishment of final appellate court, however, is not only against the Constitution but also hardly seen in other nations. It would only overexpand the Supreme Court. Furthermore, the final appellate court would end up deteriorating into the court of fourth instance and impose extra burden on the government as well as on the disputing parties. Therefore, it is necessary to upgrade the quality of the court by increasing the number of judges in the lower court and let them focus on the fact finding process. Facilitating the ADR(Alternative Dispute Resolution) process such as arbitration would help improve the structure of the judiciary. The incompatibility among the four values of the dispute resolution process(equitability, truth, quickness and efficiency) calls for building comprehensive judicial system in which disputes are settled by choosing either jurisprudence or utility.

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중정형 공동주택의 공간계획 특성 연구 (A Study on the Characteristics of Court Housing Design in Korea)

  • 강인호;박소영
    • 한국주거학회:학술대회논문집
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    • 한국주거학회 2005년도 추계학술대회 논문집
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    • pp.263-268
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    • 2005
  • The aim of this study was to analyse the design characteristics of court housing. In spite of changes of housing design condition, especially density, there have been changes only in the height of housing block, not in the housing types, layout system and other design properties. Due to the situation, housing design in Korea has been criticised as too routine and monotonous one. As one of the alternatives to respond to the criticism, this study focused on the positive aspects of the court housing type, and suggested the design strategies throughout the analysis of 8 entries in the design competition of EunPyeong NewTown, which attempted to overcome the negative problems - mainly the daylighting, orientation, and privacy- of this housing type. Throughout the analysis, there suggested design strategies to respond to the problems of court housing type, which can be the basis for the court housing design in Korea.

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한국의 판.검사복에 관한 연구 (A study on the Judge's Robe and the Prosecutor's Robe in Korea.)

  • 임영자
    • 복식
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    • 제29권
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    • pp.171-182
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    • 1996
  • This thesis is concerned with the study of the court attire the typical attire of the ju-dicial world in a point of time that more than 100 years have passed since the introduction of the modern judical system. In recognition of the fact that compiled data of the official uni-form or attire in Korea are insufficient this study placed its signification on the provision of information with focus on attire. As a result of studying court attire in Korea the conclusion was made as follows: Firstly Official attires in Yi Dynasty were divided by wearing embroidered insignia on the breast and the back of an official robe ac-cordint to court rank as well as by wearing Sa-mo in wadded clothes of Dan-ryeong and attaching all sorts of appurtenances including bands and shoes The Minister of Justice was equipped with Ho-pyo Dae-sa-heon equipped with Hae-chi the mayor of Seoul equipped with Un-an In the era of the Kng Young-jo the minister of Justice had no change in its of-ficial robe but the mayer(Pan-yun) of Seoul (Han-sung-bu) had Un-an(wild geese in clouds) changed into Un-hak In the King Ko-jog era the minister of Justice had Ho-pyo changed into Ssang-ho and the mayor of Seoul had Un-hak changed into Ssng-hak on embroideved insignia on the breast and back of an official robe. Laws and regulations concerning court attire began with the In-judgement Full-dress Uni-form Requlation for official-level Clerical Staff below the ordinary staff the Issue No. 14 of the Royal Ordinance in 1906 provided as $\ulcorner$the matter cincerning the Dress Regulation of the Tribunal staff of the Cho-sun Government-General$\lrcorner$the Issue No. 222 of the Royal Ordi-nance in 1911 and changed into$\ulcorner$the Regu-lation on the Dress of Judge Prosecutor At-torney and Law Count Clerk$\lrcorner$the Issue No. 12 of the Supreme Court Rule in 1953 affter the establishment of Korean Government since emancipation from the Japanese rule and into $\ulcorner$the Regulation concerning the Court Attire of Judge and law Court Clerical Staff$\lrcorner$the Issue No. 516 of the Supreme Court Rule in 1966. The judicial system in Korea is the system introduced from the foreign country rather than autogenously developed. And it came to pass through the Japanese colonial period it the beginning that it took root in Korea n was not stabilized in harmony with our native tradition. Accordingly the attare regulation in the judicial system took root in our society by accepting the Japanese attire regulation as it was and judical officials have come to wear the count attire similar to that of the Japanese imperialist era due to its influence though Korean independent goverment was established together with liberation form the Japanese rule. The more regrettable thing is that the current court attire has maintained the form greatly influenced by the U. S. court attire. Fortunately as the judicial circles have recently raised their voices for change in the court attire it has been told that the forma-tion of a meeting for a new court attire has been under way. The birth of the court attire into Which our tradition is sublimated is expected. This study end up with thinking that the must Korean thing is the most global thing in this era that people in the world are clamoring for globalization.

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중국 민사소송제도의 특색과 중재절차에서의 임시적 처분 및 중재판정의 집행 (Characteristics of the Chinese Civil Procedure System and Enforcement of Interim Measures in Arbitration and Arbitration Awards in China)

  • 전우정
    • 한국중재학회지:중재연구
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    • 제29권2호
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    • pp.161-199
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    • 2019
  • As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

헌법재판소의 결정문 재고(개업권 실현 중심으로) (Review of the Constitutional Court of Korea's Decision)

  • 배성수
    • 대한물리치료과학회지
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    • 제7권2호
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    • pp.407-414
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    • 2000
  • The constitutional court decide a negative expression in their judgement. It is a dismissal. In the dismissal, they suggest that the legislative body can resolve it and Parliament can an enactment or not for the physical therapist. Therefore, dismissal of constitutional court is not only dismissal but also it is a suggestion for legislation. Another suggestion of the constitutional court that study about curriculums of physical therapy department, duration of education, relation of between medical doctor and physical therapist, work contents of physical therapy and effect on national health.

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朝鮮 後期 宮中舞踊服飾의 服色思想(II)에 關한 硏究 -佳人剪牧丹.高句麗舞.公莫舞.萬壽舞를 중심으로-

  • 남후선
    • 한국의상디자인학회지
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    • 제5권1호
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    • pp.89-96
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    • 2003
  • The court dancing suit, so-called "JeongJae(呈才) suit," has been worn by court dancers. Since the court dancing suits in the age of the ancient Three Kingdoms and Koryo Dynasty have already been studied previously, this study discussed the change of dancing suit styles created in the latter period of Chosun Dynasty, such as GaInJeonMok-Dan(佳人剪牧丹)ㆍGoGuRyeo-Mu(高句麗舞)ㆍGongMak-Mu(公莫舞)ㆍManSuMu(萬壽舞), and the thought of Yin-Yang and five elements(陰陽五行思想) that the colors of the court dancing suits imply. The purpose of this study is to understand the thoughts contained in the ancient suits as well as their styles in order to inherit and uphold our traditional culture properly. properly.

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1930년대(年代) 한국근대주택(韓國近代住宅)에 나타난 속복도형(複道型) 일식주택(日式住宅)의 영향(影響) -한국인 건축가의 주택개량안과 "조선과 건축(朝鮮建築)"에 수록된 주택평면을 중심으로- (A Study on the Influences of Central corridor type Japanese dwellings on the Korean modern dwellings and Korean architects' proposals for modern dwellings in the time of 1930's)

  • 안성호;김순일
    • 건축역사연구
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    • 제6권2호
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    • pp.23-40
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    • 1997
  • The purpose of this thesis is a searching out the characteristics of Japanese dwellings implanted into Korea in the time of the rule of Japanese imperialism and its influences on Korean modern dwellings especially in the time of 1930's. At the early stage of the colonial time($1905{\sim}1919$), the central corridor type Japanese dwellings were implanted into Korea for the Japanese official residences. The central corridor type Japanese dwelling was an urban modern dwelling compromised between Japanese style and western style and distinguished by an outer-court type plan, Japanese entrance hall, central corridor and western style reception room. After the 1920's the central corridor type Japanese dwellings have spreaded itself and became a prototype of a modern dwelling in Korea. The characteristics of the central corridor type Japanese dwellings have influenced on the Korean high class dwellings and Korean architects' proposals for modern dwelling in the time of 1930's. By the implantation and spread of the central corridor type Japanese dwellings, Korean modern dwellings at the same time have affected and undergone transformation. The aspects of transformation were ; The outbreaking of the Japanese style entrance and central corridor, the transformation of MaDang from the inner court with a function of circulation into the outer court garden with plants and the transformation of Korean dwellings from the rural inner court type into the urban outer court type. The central corridor type Japanese dwellings implanted into Korea in the time of the rule of Japanese imperialism makes function as a precedent of a modern urban dwelling to Korean and makes Korean dwellings transform from the rural inner court type into the urban outer court type.

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중재판정이 대법원에 의해 취소된 사례연구 (A case study on the arbitration awards canceled by Korean Supreme Court)

  • 신한동
    • 한국중재학회지:중재연구
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    • 제21권1호
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    • pp.33-56
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    • 2011
  • Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

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