• Journal of Arbitration Studies
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• v.20 no.3
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• pp.3-24
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• 2010

In the approaching 21th century, the outstanding development in international trade and commerce has established arbitration as the preferred form of dispute resolution on international business transaction. Because the form of commercial dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem simultaneously. In this article, the author discusses various issues on the recognition and enforcement of an foreign arbitral awards under Korean Arbitration Act, which is modeled after the Model Law on International Commercial Arbitration of the UNCITRAL of 1985. The Dec. 31, 1999 amendment to the Korean Arbitration Act admits the basis for enforcement of foreign arbitral awards rendered under United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958(commonly known as the New York Convention). Korea has acceded to the New York Convention since 1973. When acceding to the convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of anther Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provision relating to the enforcement of arbitral awards falling under the New York Convention consists of Article III, IV, V. In particular, Article V of the New York Convention enumerates the grounds for refusal of recognition foreign arbitral awards. The grounds are separated into two categories : One that abides by procedures and the others are based on national legal sovereignty. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of awards. Because Korea requires enforcement to be based on a judgement, the result is that arbitral of award holders are forced to institute domestic litigation.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.65-83
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• 2011

The purpose of Emergency Arbitrator System is to provide parties with the possibility of obtaining interim measures before constitution of the arbitral tribunal. This paper examines the Emergency Arbitrator System set forth in Article 32 and Appendix II of Arbitration Rules of Stockholm Chamber of Commerce (SCC) in comparison with Article 37 of ICDR International Arbitration Rules. This paper also provides a case study of 4 Decisions rendered by Emergency Arbitrators under the auspices of SCC in 2010. It was found that it took only 4 days on average from the date upon which the request for emergency interim measures was registered to SCC to the decision rendered by Emergency Arbitrators. The figures of average days reflect its rapidity well, one of the most preferred characteristics of arbitration. However, a case study of SCC decisions shows that only one request for interim measures was successfully granted. In other words, it was found that the requirements for granting of interim measures by emergency arbitrator were quite strictly applied. If interim measures is to be granted, it was found that the requesting party should prove to satisfy the requirements for granting of interim measures as follows: First, the requesting party has to demonstrate that it may suffer irreparable or serious harm in commercially-sensible, not in a strictly literal sense unless the interim measure is granted. Second, the party requesting interim measures has to persuade the Emergency Arbitrator that the request was of an urgent nature. Third, the requesting party is required to meet the reasonable possibility that it may succeed on the merits of the claim.

• 재활복지
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• v.22 no.3
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• pp.189-208
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• 2018

This case study investigated the changes in speech intelligibility of patients with head and neck cancers who participated in a therapeutic singing-based intervention. Three patients received a total of twelve 30-minute individual sessions. The intervention consisted of three steps: movements for relaxing breathing muscles, vocalization for increasing the range of articulatory movements, and therapeutic singing. In order to examine the changes in speech intelligibility, the voice quality parameters, diadochokinesis (DDK) and the quadrangle vowel space area (VSA) were measured at pre- and posttest. The recording of what each patient read a written paragraph, which were transcribed by blinded assessors, were also analyzed. The results demonstrated that all of the patients showed positive changes in the voice quality, the rate of repetitive syllable production measured by DDK, and the articulatory working space measured by VSA. Along with these measured changes, increases in positive mood and rehabilitation motivation reported by the patients support that the therapeutic singing-based intervention could induce meaningful changes in terms of speech intelligibility from patients with head and neck cancers. Given that this study was conducted with a small sample size, suggestions for further investigation on the effects of the intervention were also presented.

• The Journal of Korean society of community based occupational therapy
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• v.7 no.2
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• pp.19-31
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• 2017

Objective : This study was to learn the Korean Occupational Therapists' awareness and current state of implement of Occupation-Based Practice and to use it as a baseline data. Methods : After 300 Korean clinical occupational therapists were conveniently sampled, the structured 293 questionnaires were released, the answered 293 questionnaires were analyzed. Results : Awareness of OBP was 5.7 points on average and the awareness, increased with age and clinical experience. The opportunity that Occupational Therapists know OBP was through major subjects, articles & seminars, through peers and so on. The differences depended on age, level of education, location of work, clinical experience. 152 Occupational therapists(52.8%) answered that they apply OBP in their clinical work. There was no significant difference in the use of OBP based on gender, age, clinical experience, education background with exception of work location. It was shown that during practice,The most frequently used OBP was as follow in order: interview, practice, goal setting, assessment and documentation. The goal of using OBP was to find out a meaningful occupation for client's living, to promote client's participation in family or community, to treat for function recovery of clients. The biggest difficulty faced during OBP was lack of understanding of OBP for the clients and their guardian. Other difficulties were limitations of treatment environment, lack of occupational instruments, related knowledge, utilization method, preparation time and difficulty in handling insurance and medical expenses in order. Conclusion : Level of awareness of OBP was at intermediate level and it was related to education level and treatment environment. Based on this result, it is need to support institutional and academical discusstion in order to promote OBP.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.3
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• pp.147-155
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• 2020

The purpose of this study was to compare the risk factors of pressure sores and preventive intervention strategies and to provide basic data for the management of pressure sores prevention for long-term care facilities. It was a mixed method study using a systematic literature review and focus group interviews for analysis. A PRISMA flow diagram was prepared in accordance with the research selection process for the systemic literature review. The studies were retrieved from domestic and international studies from 2010 to June, 2019. A total of 8 studies were selected according to the selection criteria. The studies were searched electronically using a search engine with the key words of 'pressure ulcers', 'bedsore', 'decubitus ulcers', 'intervention', 'prevention', 'elderly', and 'long term'. Focus group interviews were conducted through a semi-structured questionnaire for nurses who had worked for more than three years in long-care facilities. The study results suggest that position change and pressure reduction device reduced the incidence of pressure sores and were important for prevention. The use of standardized care protocols is necessary. Multidisciplinary cooperation was an important issue.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.183-211
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• 2006

DDA and FTA make global business environments more competitive. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR(Alternative Dispute Resolution). Thus, Korean Companies should be more concerned with ADR system and should utilize ADR to settle their dispute effectively and efficiently. However, ADR and KCAB isn't well recognized in Korea. So, the major purposes of this study are to expand the recognition of ADR and KCAB through SWOT Analysis of KCAB in Korea. Based on the results of my study, I suggest KCAB the following guidelines. First, KCAB work closely with the concerned research association as KSSA to make a guideline books of efficient dispute resolution. Second, KCAB improves their service quality and tries to utilizes various opportunity factors well. Meanwhile, Korean government assists KCAB with funds as well as improvement of dispute resolution system as the establishment of ADR Law. Consequently, to expand ADR in Korea, revolution of KCAB Staffs' consciousness and Korean government's assistance are very needed.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.69-102
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• 2004

This paper discusses about the e-commerce and the various types of e-commerce disputes. Through empirical examination on the dispute consideration system and by comparative analysis it is derived out of the weakness of current system and finally some suggestions for improvement. First, it is recommended that the more sophisticated knowledge concerning e-commerce should be proliferated through the existing institutions. For example, disputes for B2C could be managed by the consideration system of consumer dispute consideration in Consumer Protection Board of Korea, while B2B by the arbitration system of the Korean Commercial Arbitration Board. Second, the role of Korea Institute for Electronic Commerce established for the purpose of consideration of e-commerce disputes is much emphasized. For successful achievement, it is necessarily required to reinforce the related laws, systems, institutions and human resources. Finally, it is also suggested that the Korean Commercial Arbitration Board and Consumer Protection Board of Korea fully cover consideration and arbitration, while Korea Institute for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

• Journal of the Korea Society of Computer and Information
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• v.25 no.11
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• pp.263-268
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• 2020

This study is to investigate the effects of manual lymphatic drainage of stressed hospital office employees on the autonomic nervous. A total of 30 stressed hospital office women voluntarily participated in the study. The participants were randomized to the manual lymphatic drainage groups and rest groups. The intervention was conducted for 20 minutes in each group. There were significant differences in sympathetic nerve, parasympathetic nerve, and pain within manual lymphatic drainage groups(p<.05). There were significant differences between groups for the sympathetic nerve, parasympathetic nerve, and pain(p<.05). Therefore, manual lymphatic drainage is an effective intervention for reducing the stress and pain of stressed hospital office employees.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.169-208
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• 2016

"Act on Remedies for Injuries from Medical Malpractive and Mediation of Medical Disputes)" has been enacted to solve medical dispute. In addition, mediation and arbitration procedures have started since April 8th, 2012 from the Establishment of Korea Medical Dispute Mediation and Arbitration Agency. The average initiation rate of mediation for the past three years turned out to be 43%. Hereupon, Establishment of Korea Medical Dispute Mediation and Arbitration Agency has created a solution for automatic initiation if relevant to particular conditions to improve initiation rate of mediation procedures and passed it through the Assembly plenary session in May, 2016 and promulgated on the 30th of the same month. However, even if mediation procedure initiation rate is increased, there is no guarantee for mediation establishment rate to be improved according to current law. If Establishment of Korea Medical Dispute Mediation and Arbitration Agency intends to increase aforementioned value, automatic initiation is not the only solution. Instead, it seems to be a major assignment to identify fundamental reasons for why major health care facilities have not participated in it and to restore reliability on them. In addition, among crimes specified on the Article 268 of Criminal Act in the Article $51^*$ of "Act on Remedies for Injuries from Medical Malpractive and Mediation of Medical Disputes)", revision must be made so that the clause of clue and death by occupational or gross negligence is applied. Furthremore, it is suggested to supplement previously insufficient policies with the operation so that mediation procedures created by Establishment of Korea Medical Dispute Mediation and Arbitration Agency are stably settled in the perspective of medical institutions including the establishment of new conditions for medical institutions founders or health and medical service personnel to claim the proxy payment for damage.

• Proceedings of the KSLP Conference
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• 2003.11a
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• pp.234-235
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• 2003

목적 : 본 연구의 목적은 기질적 조음장애 중 운동구어장애자의 유형에 따른 음운변동 패턴을 연구하여 각 집단만의 신경학적 손상으로 인한 조음운동 패턴을 분석하고자 하는데 있다. 운동구어장애자의 조음 오류에 대해서 SDO(substitution, distortion, omission) 분석적 접근을 하는 것이 일반적이며 따라서 음운변동 분석을 함으로써 이들의 오류패턴의 유형을 찾고, 언어중재 시에 이들의 조음기관 관련 근운동의 훈련을 보다 체계적으로 실시할 수 있을 것이라고 본다. (중략)