• Title/Summary/Keyword: 중재가능성

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Applicability of Overriding Mandatory Rules in International Arbitration (국제중재에서 국제적 강행법규의 적용가능성)

  • Chung, Hong-Sik
    • Journal of Arbitration Studies
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    • v.23 no.4
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    • pp.3-27
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    • 2013
  • Overriding Mandatory rules are laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations. This article examines their role and applicability in international arbitration. The overriding mandatory rules pose a complex and continuing problem for arbitrators because they put the interests of states and parties in direct competition. When a law says that arbitrators must apply it, yet the parties' contract excludes it, what should the arbitrators do? Where should their allegiance lie? The answer depends on the underlying nature of arbitration - and since that can be legitimately conceptualized in different ways, a principled approach to overriding mandatory rules seems to be impossible to provide. Nevertheless, a practical solution is required, because there were European cases in which courts voided valid arbitration agreements made, reasoning that arbitrators certainly would not apply and/or take into account its overriding mandatory rules of indemnity right granted to commercial agent and distributor in Europe. Therefore, this paper first examines status of overriding mandatory rules of another law in international litigation and then explores any possibility of application of overriding mandatory rules of another law in international commercial arbitration. With this analysis, the author reaches into a conclusion that the arbitrator should and/or take into account overriding mandatory rules of another law, yet should limit to them of the country where characteristic performance is made under the contract.

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Comparative Analysis on Special Teachers' Perception toward Virtual Reality based Intervention Program for students with disabilities (장애학생을 위한 가상현실 기반 중재프로그램에 대한 특수교사의 인식 비교)

  • Lee, Tae-Su;Joo, Kyo-Young
    • Journal of the Korea Convergence Society
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    • v.10 no.6
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    • pp.113-120
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    • 2019
  • The purpose of this study was to compare and analyze special teachers' perception on virtual reality based intervention program.(VRIP) for students with disabilities. The survey participants consisted of 364 special teachers who were working in special class or special school. Questionnaires with unfaithful responses were excluded, and a total of 324 questionnaires were analyzed. Data analysis was carried out through independent t-test and ANOVA. According to the results of study, Male special teachers' acceptance intention towards VRIP were higher than female special teachers. Special teachers with educational career within 10 years had more positive awareness than special teachers with educational career above 15 years. Special teachers in middle and high school teachers were higher than special teachers in kindergarten. In the aspects on another factors, special teachers with educational career within 10 years more positive awareness than special teachers with educational career above 15 years. Special teachers in middle and high school teachers were higher than special teachers in kindergarten.

Design of a Mobile System Based on Responsiveness to Intervention Model for Learning Disorder Student (학습장애아를 위한 중재-반응모형 기반 모바일시스템 설계)

  • Kim, Chul-Ho;Jun, Woo-Chun
    • 한국정보교육학회:학술대회논문집
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    • 2009.08a
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    • pp.241-248
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    • 2009
  • 학생들의 기초 기본학습 능력의 신장이 강조되고 있는 교육상황에 비추어 볼 때 지금까지 간과되어 왔던 학습장애에 대한 재인식과 학습장애아들을 위한 대책이 필요하다. 그 대책으로 최근 특수교육분야에서 기존의 지능-불일치 교육이론에 대한 대안으로 제시되고 있는 중재-반응 (Responsiveness to Intervention : RTI) 이론을 기반으로 학습장애아들에 대한 교육이 보다 효율적으로 적용될 수 있다. 하지만 실제 우리의 교육에 적용을 위해서는 많은 걸림돌들이 존재하고 있다. 실제 교육 현장의 교사들이 RTI 이론 적용의 걸림돌로 제기하는 점들을 해결하기 위한 대안으로 모바일 시스템설계를 통해 실제 현장에서의 RTI 이론 적용 및 실행 가능성을 높이고자 한다. 본 시스템의 특징은 첫째, 실제 국내의 교육현장에서 기존 교사들이 제시한 RTI 이론 적용가능성이 낮은 항목들을 중점으로, 이론 적용의 문제점을 해결하기 위한 설계에 중점을 두고 있다. 둘째, 시스템의 구성을 기존의 행정중심이 아닌 실제 수행자 중심 설계를 위하여 기존의 학교행정가를 제외한 일반교사, 특수교사, 학부모, 학습장애 학생으로 설계하였다. 셋째, 일반교사, 특수교사, 학부모, 학습장애 학생의 의사소통 및 진전도 체크 등을 모바일 기기의 편이성과 결합하여 학습장애아의 학습능력을 향상시키고자 한다.

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Case Study of Music Intervention for Supporting Maternal Transition (어머니로의 역할 전환 지원을 위한 음악중재 프로그램 사례연구)

  • Kim, Soo Ji
    • Journal of Music and Human Behavior
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    • v.7 no.1
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    • pp.61-77
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    • 2010
  • As a means to support maternal transition, a home-based music intervention was employed to facilitate mothers' singing to their infants. Four mothers were recruited as volunteers for this study their typically developing infants ranged in age from 2 months to 11 months. Interviews were conducted after the completion of the intervention. An educational music intervention was used to introduce the benefits of mothers' singing to their infants and to encourage four mothers to perform regular singing to their infants for the two-week period. In the interview, mothers provided valuable information regarding their personal experiences, thoughts, abilities to carry out the daily singing, and additional support needs in singing. All mothers demonstrated positive experiences and needs for future intervention development. Overall, the results showed that music-involved educational intervention is beneficial for mothers to support their maternal transition. The need emerged for future studies to develop music-involved educational intervention to support maternal transition.

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A Study on the Influence of COVID-19 on International Arbitration (COVID-19가 국제중재에 미치는 영향에 관한 연구)

  • Kim, Yong-Il;Hwang, Ji-Hyeon
    • Journal of Convergence for Information Technology
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    • v.11 no.12
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    • pp.80-89
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    • 2021
  • In order to combat the spread of COVID-19, on January 30, 2020, the World Health Organization declared that the spread of COVID-19 has met the criteria of a "Public Health Emergency of International Concern" under Article 1 of the International Health Regulations(2005) and proposed a variety of preliminary recommendations to fight against the pandemic accordingly. All of a sudden, people are ordered to wear face-masks in public-which is forbidden for different reasons in many jurisdictions. Of course, the legal world was hit by the virus as well. Needless to mention that where economic and social life will change so drastically, the legal world will change(ex. virtual hearing) as well. Most probably, it will not ever be the same after COVID-19. And where the whole legal world will change, it is easy to state the obvious, namely that COVID-19 has and will have an impact on international arbitration as well. This paper will describe how international arbitration is dealing with this new challenge.

The persuasive impact of advertorial that promotes consumer's potential for conflict : Focusing on the case of PCA (소비자의 분쟁 유발 가능성을 촉진하는 기사형 광고의 설득 영향: 언론 중재 위원회의 시정 권고 심의 대상을 중심으로)

  • Kim, Jea-young
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.99-118
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    • 2021
  • The participants in this study were university students, who are millennials and familiar with various devices and SNS enabling hyper connection, such as smartphones, the Internet, and the Internet of Things. People are sustaining their relationships with others by using the latest technology and cutting-edge devices at will. Some purchases are made at offline stores through online information, but products are checked through offline stores and purchased online. The MZ generation, which does not always have a fixed and constant behavioral response pattern, was considered a participant in this study because the response pattern may vary depending on one's tendency to avoid uncertainty. As a result of experimenting with the MZ generation, similar results were found in all dependent variables. Advertorial and general ads treated as independent variables affected the participants' tendency to avoid uncertainty. In other words, uncertainty avoidance tendency and interaction effect were found as a result of verifying the effects on the dependent variable of ads type. In an advertorial, the group with low uncertainty avoidance tendencies showed higher dependent variable effects than the group with high uncertainty avoidance tendencies; in general ads, uncertainty avoidance tendencies were higher. The higher group showed higher dependent variable effects than the lower group. Therefore, the group with a low tendency to avoid uncertainty has a high level of dependent variable effects in the advertorial, and the group with high uncertainty avoidance tendency performs self-interpretation in general ads.

Effect Analysis of a Deep Learning-Based Attention Redirection Compensation Strategy System on the Data Labeling Work Productivity of Individuals with Developmental Disabilities (딥러닝 기반의 주의환기 보상전략 시스템이 발달장애인의 데이터 라벨링 작업 생산성에 미치는 효과분석)

  • Yong-Man Ha;Jong-Wook Jang
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.24 no.1
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    • pp.175-180
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    • 2024
  • This paper investigates the effect of a deep learning-based system on data labeling task productivity by individuals with developmental disabilities. It was found that interventions, particularly those using AI, significantly improved productivity compared to self-serving task. AI interventions were notably more effective than job coach-led approaches. This research underscores the positive role of AI in enhancing task efficiency for those with developmental disabilities. This study is the first to apply AI technology to the data labeling tasks of individuals with developmental disabilities and highlighting deep learning's potential in vocational training and productivity enhancement for this group.

A Study of Competence-Competence in the United States (미국에서의 중재인의 권한판단권한(Competence-Competence)에 관한 고찰)

  • Kang, Soo-Mi
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.53-77
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    • 2012
  • Competence-competence refers to an arbitratorpower to determine whether he or she has jurisdiction to decide a controversy. Although arbitrators power to rule on their own jurisdiction is generally recognized throughout the world, in the United States, neither the courts nor legislative bodies have recognized its significance or the reasoning behind its widespread adoption. Section 3 of the Federal Arbitration Act (FAA) is notorious among arbitration statues for its failure to incorporate competence-competence. When courts rule on an issue of competence-competence, it is referred to as a question of who decides the arbitrability of the case. In the United States, the use of competence-competence as a term of art is still limited to scholarly writings. The answer to the competence-competence inquiry is found in an interpretation of section 3 of the FAA which empowers the courts to decide arbitrability issues. The cases of the Supreme Court and most commentators interpreted sections 2 and 3 of the FAA as conferring issues of arbitrability on the federal courts, including the ability to rule on the validity and scope of the arbitral agreement. Traditionally, United States courts have denied the competence-competence to arbitral tribunal. Recently, however, they have confounded the rules by placing primary importance on the arbitration agreement between the parties. The Supreme Court, in a series of cases, has underscored the necessity of giving full effect to the intentions of the parties as expressed in their agreement to arbitrate. The result of the Supreme Court's emphasis on contractualism in determining the issue of arbitrability is most evident in the Courtdecision in the First Options case. Under First Options, courts are to decide arbitrability issues unless there is a clear and unmistakable contractual assignment of these issues to the tribunal itself. The Court is appraised that it has attempted to compromise between contractual freedom in the arbitration setting and the rule of law that is necessary in a society that depends on the concept of ordered liberty. In the decision in Howsam, the Court clarified the definition of arbitrability by attempting to draw a clear line between questions of arbitrability that are to be decided by courts and those matters that bear on the allocation of decisions between courts and arbitrators but are not questions of arbitrability.

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The Effect of Virtual Reality based Intervention Program on Communication Skills in Cafe and Class Attitudes of Students with Intellectual Disabilities (가상현실 기반 중재 프로그램이 지적장애학생의 카페에서의 의사소통 능력과 수업태도에 미치는 효과)

  • Lee, Taesu
    • Journal of the Korea Convergence Society
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    • v.10 no.3
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    • pp.157-165
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    • 2019
  • The purpose of this study was to verify effects of virtual reality based intervention program on communication skills in cafe and class attitudes of students with intellectual disabilities. To do this, 30 students with intellectual disabilities were participated in this study and placed an experimental group and a control group. An experimental group took part in the virtual reality based intervention program on communication skills in cafe and a control group joined in the traditional intervention program at summer vacation from July, 22 to August, 24. Intervention programs of an experimental group and an control group were conducted 5 times in a week for 4 weeks and a class time of each class was 50 minutes. Evaluations of two groups were carried out in pre-test and post-test and data of evaluation was analyzed by independent t-test. In Results of study, communication skills of experimental group were improved higher than control group's. Also, class attitudes of experimental group were changed more positive than control group's on job training class. We knew that virtual reality based intervention program was effectively utilized in transitional education for students with intellectual disabilities.

The Current State and Implementation of Music Therapy for Adults With Intellectual Disabilities (국내 성인지적장애인 음악치료 중재 현황)

  • Oh, Ji Eun
    • Journal of Music and Human Behavior
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    • v.13 no.2
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    • pp.17-30
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    • 2016
  • This study aimed to examine the current state of music therapy for adults with intellectual disabilities (ID) by conducting a survey of music therapists. Completed surveys from 32 certified music therapists were included for analysis. The questionnaire was composed of 38 items that asked about the participants' background, work environment and music therapy implementation experience (including assessment, goal establishment, intervention strategy and difficulties). The results of the study showed that music therapy for adults with ID was practiced in diverse facilities. Enhancing social interaction was the most frequently set goal by music therapists, whereas facilities mostly required the music therapy services for emotional stability. Also, instrument playing was used most among music activities, and musical structure was considered most when choosing music for therapy. Among the influential institutional factors, characteristics of the facility were considered most frequently, and the level of functioning was the most considered in terms of client-related factors. To advance the effective use of music therapy interventions with adults with ID, development of music therapy assessment tools and more active communication with facility staff were also suggested when working with this population.