• Title/Summary/Keyword: 온라인중재

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The Building Plan of Online ADR Model related to the International Commercial Transaction Dispute Resolution (국제상거래 분쟁해결을 위한 온라인 ADR 모델 구축방안)

  • Kim Sun-Kwang;Kim Jong-Rack;Hong Sung-Kyu
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.3-35
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    • 2005
  • The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

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The Related Factors to Perceived gastritis or Perceived enteritis in High school seniors -the 2009 Korea Youth Risk Behavior Web-based Survey- (고등학교 3학년 학생들이 인지한 위염 및 장염 관련요인 -2009년 청소년 건강행태 온라인 조사 자료를 중심으로-)

  • Bea, Sang-Sook
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.2
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    • pp.668-677
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    • 2012
  • This study analyzed the related factors affecting to perceived gastritis or perceived enteritis for 11,753 Korean high school seniors who participated in the 2009 Korea Youth Risk Behavior Web-based Survey (KYHRBWS). Of the subjects, 5,685 (47.6%)were male and 6,068(52.4%) were female and 8.7% of the students responded that they had suffered from gastritis or enteritis for a long time and the females had a slightly higher attack rate of gastritis or enteritis. Survey logistic regression models and decision tree analysis were used to calculate odd ratios and 95% confidence intervals. As a result, there was affecting to their stress and health behaviors in the risk of gastritis and enteritis, and that their lower level perceived health, smoking, heavy drinking or starting drinking before they were 13 years old and a higher level of perceived stress significantly affected the risk of gastritis or enteritis in the subjects(p<.001).

A Study on the Factors Influencing Stress, Sadness and Despair of Body Image Distortion Adolescents (신체인지 왜곡 청소년의 스트레스, 슬픔과 절망감 영향 요인에 관한 연구)

  • Kwon, Myoungjin;Kim, Sun Ae
    • Journal of the Korea Convergence Society
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    • v.11 no.10
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    • pp.377-385
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    • 2020
  • This study aimed to identify the factors associated with distorted body image in adolescents according to sex. The data obtained from the Korea Youth Risk Behavior Web-Based Survey (2019). The subjects included 9,635 adolescents who perceived their body type as overweight, despite having a normal body mass index. The main finding indicated that high levels of fast food consumption were associated with significantly higher feelings of stress, sadness, and despair in both males and females. In addition, both males and females experienced elevated levels of stress, sadness, and despair when they perceived that they were not sufficiently physically active. The results of this study can be used for the development of interventions for adolescents with distorted body image.

Factors Influencing Nursing Students' Self-directed Learning Ability Related to Online Classes (간호대학생의 비대면 수업 관련 자기주도 학습능력 영향요인)

  • Lee, Min-Ju
    • Journal of Digital Convergence
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    • v.19 no.7
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    • pp.441-449
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    • 2021
  • This study was conducted to identify the factors affecting the SDLA of nursing students who experienced online-class due to COVID-19. The subjects of this study were 115 nursing students who had experienced online-class due to COVID-19 for more than one semester at a university. Data were collected through online surveys from November 18 to December 1, 2020. Factors that have a statistically significant influenced on SDLA in nursing students were 'use of emotion' in emotional intelligence (β=.42, p<.001), 'control' in resilience (β=.28, p=.001), and 'objectivity' in critical thinking disposition (β=.27, p<.001), which accounted for 62.0% of the total variance. Research and intervention to improve the emotional intelligence of nursing students were constantly needed, and it is suggested that this be considered when producing educational contents.

Analysis of the Mediating Effects of Anxiety in the Relationship between Smartphone Overdependence and Fatigue Recovery among Adolescents: Secondary Data Analysis of the 2020 Youth Health Risk Behavior Web-Based Survey (청소년의 스마트폰 과의존이 피로회복에 미치는 영향:불안의 매개효과. 2020 청소년 건강행태 온라인조사를 이용한 2차 분석)

  • Kim, JI-Young;Lee, Hae-Kyung
    • Journal of the Korean Applied Science and Technology
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    • v.39 no.5
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    • pp.596-604
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    • 2022
  • This study aimed to examine the mediating effects of anxiety between adolescents' smartphone overdependence and fatigue recovery, and to secure the evidence data for adolescents' smartphone overdependence intervention. Among the 16th Korea Youth Risk Behavior Survey, 54,948 students were included. Data were analyzed using Pearson correlation coefficients, factor analysis, mediating effect analysis. The results were as follows. Smartphone overdependence had a direct effect on fatigue recovery and an indirect effect on fatigue recovery through anxiety. Smartphone overdependence had a significant effect on anxiety and fatigue recovery. Also, anxiety is verified as the mediation effect between smartphone overdependence and fatigue recovery. When we prepare intervention programs which improve fatigue recovery for adolescents, we need to consider anxiety.

A Case Study on Japanese Corporations' Business Transaction and Conflicts with China (일본기업의 대중거래와 분쟁에 대한 사례 연구)

  • Chung, Su-Won
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.253-275
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    • 2006
  • Ever since the open and reform policy in 1987, China has adopted the socialistic market economy system and has been moving forward in economic reform. This gradually expanded their market economy. The open and reform policy achieved the highest average annual GDP growth rate of 9% and helped the country maintain high growth. China's economic growth in recent years has a lot to do with the international trading and direct investment by foreign corporations. China's entry into the WTO dramatically increased their amount of capital and investments due to their aggressive investments with foreign corporations. It is quite amazing that investments in China has been constantly increasing while the direct investments worldwide is decreasing. Moreover, increase in such investments is contributing to China's job creation, as well as, the expansion of international trading. When international economic exchange started between Japan and China in the 1970s, it was in the form of aid for developing countries, hence the collection of the investment was out of the question. It was in the 1990s that Japan started the full-scale investments with China and it was mostly centered in transfer of the production base. Japanese corporations aim was to mass produce goods less expensively using abundant and cheap labor and to sell them to Japan and other countries. The amount of Japan's exports and imports compared with China is increasing every year but the trade deficit has gone into the red. The dollar amount has been decreased from $ 27 billion in 2001 to $ 18 billion in 2003. The problems and damages in the system of justice and administrative confrontation that Japanese corporations are facing are continuously at a stand-still even after China's entry into the WTO. It has been 20 years since Japan's advance in China and during that period, the Japanese corporations brought many changes ranging from exports/imports to direct investment. Although Japan's new corporations tend to be located in the mid-western part of China, rather than the coastal areas, the region itself is not the cause for the confrontation. The problem stems from the Japanese treating the Chinese as if they were Japanese because they look similar due to their Asian ancestry. In reality the Chinese have completely different ways of doing business. Here we will take a look at the international trading and direct investment of Japanese corporations in China and study the conflicts that occurred in business transactions with China through real examples.

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Factors Affecting Sexual Autonomy among Female Students of Colleges (여자 대학생의 성적자율성에 영향을 미치는 요인)

  • Kang, Jungmi;Kim, Miok
    • The Journal of the Korea Contents Association
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    • v.21 no.7
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    • pp.567-574
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    • 2021
  • This study confirmed factors affecting sexual autonomy with self-esteem and sexual awareness as variables to lay the foundation for nursing intervention that helps female college students grow into subjects who can promote safe sexual activity and sexual health. A self-administered online survey of 139 students from three Colleges was conducted from February 15 to 21, 2021. The data were analyzed using a t-test, ANOVA, Scheffe test, Pearson's correlation coefficients and hierarchical multiple regression. The significant predictors of sexual autonomy were self-esteem (𝛽=0.393, p<.001), experience of dating (𝛽=0.213, p=.008) and sexual consciousness (𝛽=0.175, p=.028) and their explanatory power was 22.1%. In order for female college students to have autonomy as sexual subjects, they must be able to have a positive sense of self-esteem that values themselves and healthy sexual consciousness. Furthermore, they must be able to have a positive experience of socializing with the opposite sex. Therefore, individual efforts and social support to promote self-esteem are required, and educational mediation is needed to contribute to the promotion of sexual autonomy through efficient communication between men and women with a healthy sexual consciousness

An Integrative Review of Nursing Ethics Education Programs For Undergraduate Nursing Students (국내 간호대학생 간호윤리 교육 프로그램에 관한 통합적 문헌고찰)

  • Han, Dallong
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.1
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    • pp.55-62
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    • 2020
  • The purpose of this study was to review nursing ethics education program for nursing students in Korea. An integrative literature review was applied as a research method, and the study was conducted according to five steps of problem identification, literature search, data evaluation, data analysis, and presentation. Twelve studies were analyzed, and the educational content was about biomedical ethics and nursing ethics, and most of them were through subject classes. Teaching methods included case-based debates, discussions, action learning, online learning, and problem-based learning, including traditional lectures. Through education programs, there was a significant increase in biomedical ethics, ethical values, moral judgment, and moral sensitivity. Progressive and continuous nursing ethics education for nursing college students is required within the curriculum.

Domestic Research Trends on Nurse Happiness (간호사 행복에 대한 국내 연구 동향)

  • Lee, Seonhye
    • The Journal of the Convergence on Culture Technology
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    • v.4 no.1
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    • pp.201-206
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    • 2018
  • The purpose of this study was to investigate the characteristics of nurse' happiness by reviewing literature on happiness of nurses reported in Korea. A total of seven articles were selected as a result of searching for academic papers announced in combination with "nurses," and "happiness" from the database(via NANET, RISS, KSI-KISS, DBpia). Since 2013, a paper on the happiness of nurses has been published The results of this study are as follows: research sources are "nursing journal" and "other nursing journal", research tools are Lyuvomirsky & Lepper (1999) and OECD Better Life Index (2012), Institutional Review of Board(IRB) "approval" and "unapproved" 50% respectively. Future research seems to require the development of happiness tools for considering organizational culture and intervention program for increasing happiness of nurses.

A Study on the Utilization and Problems of Online Dispute Resolution : Focusing on the Online Arbitration (온라인분쟁해결의 활용과 문제점에 관한 연구 - 온라인중재를 중심으로 -)

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.191-223
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    • 2003
  • Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

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