• 한국콘텐츠학회논문지
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• 제14권6호
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• pp.219-228
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• 2014

목적 본 연구는 간질 아동에게 제공된 심리사회적 중재들의 효과에 대한 연구동향을 밝혀 추후 간질아동을 위한 간호중재의 기초자료로 활용하기 위함이다. 방법 PRISMA 문헌선택 흐름도에 따라 데이터베이스(Ovid-MEDLINE, EMBASE, PubMed, CINAHL, The Cochrane library, KMbase, and Koreamed)를 통해 454개의 논문들이 검색되었고 선정 및 제외기준에 의해 7개의 논문이 최종적으로 선택되었다. 2명의 연구자가 분석에 포함된 모든 연구를 독립적으로 검토하였고, 방법론적인 질 평가를 위해 코크란의 Risk of Bias 도구와 국내의 Risk of Bias Assessment tool for Non-randomized Study 도구를 이용하였다. 결과 중재 전략의 형태는 4가지로 분류되었다: 교육; 상담; 인지행동치료; 신체활동. 중재의 목표들은 매우 다양하였다. 결론 각각의 중재들은 간질관련 건강 결과에 부분적으로 긍정적인 효과를 보여주었지만 불충분한 중재 정보, 타당도가 떨어지는 결과 측정법, 적은 표본 수, 연구 설계의 제한점과 같은 방법론적인 약점들이 있었다.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.23-50
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• 2008

In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

• 한국중재학회지:중재연구
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• 제18권1호
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• pp.97-119
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• 2008

The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

• 한국중재학회지:중재연구
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• 제23권1호
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• pp.55-84
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• 2013

There should be an arbitration agreement between concerned parties in order to resolve a dispute through arbitration. The arbitration procedures, including the selection of the arbitrator and the adjudicative rights of the arbitrator, are based on the arbitration agreement. In other words, the arbitration procedure and adjudication can be carried out within the boundaries of the arbitration agreement. Traditionally, the Doctrine of Separability of the arbitration agreement has been acknowledged in order to emphasize its importance and to clearly separate it from the contract. Today, when the Doctrine of Separability of the arbitration agreement is well established, overemphasizing this separability could hamper its effectiveness and the autonomy of the parties. Moreover, arbitration agreements in the past were required to be written, clarifying the existence of the agreement and determining the scope of its validity. Further, an arbitration agreement was considered as narrowly as possible. However, since arbitration has become a generalized resolution for disputes, the formal or content requirements should be reconsidered. In terms of validity, the subjective and objective scope should necessarily be extended as a means to resolve disputes related to an arbitration agreement and reduce the resolution cost and duration. Under this perspective, the arbitration theory should now focus on arbitration agreements rather than the place of arbitration. We should break from the nationalistic view, which understands that the arbitration system is a part of the national legal system and that arbitration is allowed solely by permission of the nation. Instead, we should extensively reinterpret the subject of arbitration agreement and its range of effects so that disputes can be resolved between the concerned parties under a single procedure and norm, a necessary step forward. Moreover, in spite of the positive contribution and role of the New York Convention toward the establishment and development of the international arbitration system, there should be an effort to overcome its deterioration. As mentioned in the recommendations regarding the interpretation of the arbitration agreement in the New York Convention in 2006, we should begin by striving to match the Convention as a means of interpretation with the changes of the twenty-first century. Ultimately, we should meet the demands of the new era through amendments to the Convention.

• 한국콘텐츠학회논문지
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• 제19권10호
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• pp.11-20
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• 2019

초임 특수교사들이 교직생활을 하는데 있어서 장애학생의 행동중재는 교직 적응 면에서 중요한 이슈가 된다. 본 연구는 초임 특수교사들의 행동중재 경험과 긍정적 행동지원에 대한 인식을 알아보는 것을 통해 초임특수교사들에 대한 지원에 도움이 되고자 하였다. 본 연구의 참여자는 경력이 2년 이하인 특수교사 5명을 대상으로 이루어졌으며 모든 면담은 일대일 심층면담으로 실시하였다. 모든 면담을 전사본으로 작성 후, 지속적 비교법을 통해 분석한 결과 '계기', '선택의 연속,' '중재에 대한 아쉬움', '긍정적 행동지원에 대한 인식'의 대주 제 4가지가 도출되었다. 또한, 9가지 하위주제로는 '교육적 필요', '생활적 필요', '중재의 시작', '중재의 과정', '중재의 결과', '자원의 부족', '소통의 부족', '새로운 분야', '새로운 시도'가 도출되었다. 논의에서는 연구결과에서 도출된 초임 특수교사의 행동중재에 대한 요구와 긍정적 행동지원에 대한 인식에 대하여 논의하고, 연구의 제한점을 제시하며 제언하였다.

• 한국산학기술학회:학술대회논문집
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• 한국산학기술학회 2011년도 추계학술논문집 1부
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• pp.238-240
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• 2011

본 연구는 뉴로 하모니 M 뇌파기기를 사용하여 스트레스가 있다고 측정된 대학생 6명을 대상으로 주니퍼, 라벤더, 레몬의 에센셜오일을 이용한 족욕을 10분씩 주2회 총 8회 적용하였다. 스트레스 측정도구는 스트레스 15문항, 심리적 스트레스 15문항의 2개의 영역으로 실험 전, 후의 스트레스를 측정하였다. 그 결과 신체적, 심리적인 스트레스가 유의하게 감소하였다. 따라서 에센셜오일을 이용한 주기적인 족욕방법은 간편하고 쉽게 활용할 수 있는 스트레스 완화 중재법이라고 사료된다.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.139-163
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• 2008

The Collective Dispute Mediation was introduced to Korea with complement the Verbandsklage which was said to be poor at monetary compensation for consumers' damages. and The Collective Dispute Mediation also seems very likely to the class action, but one can resolve the dispute before filing a law suit under the Collective Dispute Mediation. The validity of the Collective Dispute Mediation is the same as the "settlement in court". After reaching the Collective Dispute Mediation, one may have a right to ask the compulsory execution. Under the Collective Dispute Mediation the damaged party must take part directly in the dispute, because the Collective Dispute Mediation is also included in the dispute resolution. Therefore a problem that how can the damaged consumer, who do not directly take part in the dispute process, get the remedy alternatively may arise. However, this problem is solved by Compensation Plan Letter which is described in the "Framework Act on Consumer". By the Compensation Plan Letter, the person who do not directly take part in the dispute process can be remedied ex post facto(Article 68). This thesis is study on The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer in our state.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.267-301
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• 2005

Following the increased economic corporations between the South and North Korea, many companies participate the corporation program. They needs insurance policy as a scheme for the transfer of risk from those individual company to it to an insurer. This paper review the possibility of the North Korea insurance authorities and research the origin, history, structure and context of the North Korea insurance law. The North Korea Insurance law differ from the South Korea and China's. North Korea Insurance authority has not capability of doing insurance business both side of underwriting and indemnity. Partly, it caused the uncertainty, insufficient and vague of the insurance law. The writer conclude that the North Korea insurance law faced to the needs of modernization. Especially, the Gyesung Industrial Complex Insurance Regulation couldn't cover the investor and company's risk because it is not based on the nature and basic principles of insurance.

• 한국중재학회지:중재연구
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• 제26권2호
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• pp.45-66
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• 2016

The FAA provides that a district court may make an order vacating an arbitration award upon the application of any party to the arbitration where there was evident partiality on the arbitrator's behalf. The U.S. Supreme Court in the case of Commonwealth Coatings Corp. held that arbitrators must disclose to the parties "any dealing that might create an impression of possible bias." Justice White attempted to limit the scope of evident partiality to instances where an arbitrator has a "substantial interest" in the dispute before disclosure is required. The Second Circuit held that if an arbitrator thinks that a nontrivial conflict of interest might exist, the arbitrator must either (i) conduct an investigation into the potential conflict, or (ii) disclose to the parties why he or she thinks there could be a conflict. Further, the arbitrator must disclose his or her intent not to investigate the matter. By utilizing a reasonable impression of partiality standard, the Ninth Circuit held that evident partiality can exist despite an arbitrator's actual acknowledgement of a conflict, and if an arbitrator fails to discharge his or her duty to investigate potential conflicts of interest, his or her constructive knowledge of the conflicts can give rise to evident partiality.