• Title/Summary/Keyword: 확장형 모형

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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

Analysis on Efficiency of Hierarchical Structure for a Grid Transit Network (격자형 대중교통 노선망의 위계구조 효율성 분석)

  • Park, Jun-Sik;Go, Seung-Yeong;Jeon, Gyeong-Su
    • Journal of Korean Society of Transportation
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    • v.25 no.4
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    • pp.123-133
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    • 2007
  • This study analyzed whether a transit network with hierarchy is efficient or not, and if transit network hierarchy has cost efficiency, then which condition guarantees the efficiency of the transit network hierarchy. The authors modeled the total cost of the transit network and suggested the conditions in which the transit network hierarchy has cost efficiency through comparing the cost of the transit network with and without hierarchy. The efficiency of transit network hierarchy is guaranteed when the travel cost savings induced by using a higher hierarchy transit network is larger than the increasing non-travel cost, which is the sum of access cost, waiting cost, and operating cost, induced by the introduction of a higher hierarchy transit network. This result is consistent with common sense and with the concept of cost and benefit analysis. If a passenger traveling within the area divided by a higher hierarchy transit network uses only a lower hierarchy transit network and the passenger traveling out of the area divided by the higher hierarchy transit network uses both lower and higher hierarchy transit networks, the travel demand using the higher hierarchy transit network is inversely proportional to the square of the line spacing. This means that the transit network becomes more efficient and small increases of travel demand guarantee the efficiency of the transit network hierarchy as the connectivity of the network becomes higher. This result shows that transit networks have economies of aggregation. This study is the first analytical research on transit network hierarchy and is expected to be a basis for numerical research. However, numerical research should complement this study, since analytical research has some limitations for considering a real network.

Development of Practical Problem-Based Home Economics Teaching.Learning Process Plans by Blended Learning Strategy - Focusing on a Unit 'the Youth and Consumer Life' - (Blended Learning(BL) 전략을 활용한 실천적 문제 중심 가정과 교수 학습 과정안 개발 - '청소년과 소비생활' 단원을 중심으로 -)

  • Lee, Jin-Hee;Chae, Jung-Hyun
    • Journal of Korean Home Economics Education Association
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    • v.20 no.4
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    • pp.19-42
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    • 2008
  • The purpose of this study was to develop practical problem-based home economics teaching.learning process plans about a unit 'the youth and consumer life' of middle school eighth-grade Technology and Home Economics by applying blended learning(BL) strategy. According to ADDIE instructional design model, this study was conducted in the following procedure: analysis, design/development, implementation, and evaluation. In the stage of design and development, the selected unit was converted into a practical problem-based unit, and practical problem-based teaching. learning process plans were designed in detail by using BL strategy. An online study room for practical problem-based home economics instruction grounded in BL strategy was prepared by using Edunet(http://community.edunet4u.net/${\sim}$consumer2). Eight-session lesson plans were mapped out, and study aids for students and materials for teachers were prepared. In the implementation stage, the first-session teaching plans that dealt with a minor question 'what preparations should be made to become a wise consumer' were utilized when instruction was provided to 115 eighth graders who were in three different province, and the other one was in a middle school in the city of Daejeon. The experimental teaching was implemented for two weeks in the following procedure: preliminary program, pre-online learning, main instruction and post- online learning. The preliminary program was carried out in a session in the classroom, and pre-online learning was provided before the main instruction was given in a session in the classroom. After the main instruction was completed, post-online learning was offered. In the evaluation stage, a survey was conducted on all the learners and teachers to find out their opinions and suggestions.

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Structural Decomposition Analysis on Changes in Industrial Energy Use in Korea, 1980~2000 (구조분해분석을 통한 국내 산업별 에너지 소비 변화요인 연구)

  • Kim, Jin-Soo;Heo, Eunnyeong
    • Environmental and Resource Economics Review
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    • v.14 no.2
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    • pp.257-290
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    • 2005
  • Korean energy use in industrial sector has increased more rapidly than other sectors during 1980~2000 periods. Relatively higher increases in industrial sector energy consumption raise questions whether government policy of rationalization of industrial energy use has been effective. In this study, we use 80-85-90 and 90-95-00 constant price input-output table to analyze increases in industrial energy use. Using an adjusted version of structural decomposition model introduced by Chen and Rose (1990), we decompose Changes of energy use into 17 elements. We classify entire industry sector into 32 sectors including four energy sectors (coal and coal products, refined petroleum, electricity and town gas). We then analyze changes of energy use by industrial level to check differences among industrial energy demand structures. Finally, we compare three industries, electronic product manufacturing, metal manufacturing and construction, that represent technology and capital intensive, energy and material intensive and labor and capital intensive industry. As results, we find that high energy using industries make the most effort to reduce energy use. Primary metal, petrochemical and mon-metal industries show improvements in elements such as energy and material productivity, energy and material imports, energy substitution and material substitutions towards energy saving. These results imply that although those industries are heavy users of energy, they put the best effort to reduce energy use relative to other industries. We find various patterns of change in industrial energy use at industrial level. To reduce energy use, electronic product manufacturing industry needs more effort to improve technological change element while construction industry needs more effort to improve material input structure element.

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