• 제목/요약/키워드: Court's Control

검색결과 43건 처리시간 0.02초

궁중음식 인식성향에 따른 궁중음식 메뉴개발 방향성에 대한 조사 (Measures to Improve Culinary Trends in Korean Court Food Based on the Perception of Korean Royal Court Cuisine)

  • 구하연;정서영;정희선
    • 한국식품조리과학회지
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    • 제32권3호
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    • pp.370-381
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    • 2016
  • Purpose: This study assesses Korean royal court cuisine as perceived by culinary professionals and students for the development of Korean dining. Methods: It was observed in a survey that Korean royal cuisine could be grouped into four classes represented by the following factors: popularity, standardization, tradition, and haute-cuisine. Results: From the analysis of the survey results, it was determined that the people surveyed could be grouped into the following three categories: those who prefer standardization/pursuit of haute-cuisine, traditionalists/popularizers, and those who are indifferent. The survey also assessed whether the ten most popular Korean dishes served to foreigners had variations in royal court cuisine and which food ingredients and combinations of dishes would be the most appropriate. It was determined that control over the sweetness when cooking Bulgogi was needed. For food usually consumed for invigoration, especially for the broth of soup dishes in summer, women preferred clear meat broth with soup than men. When preparing Japchae, it was found that control over the ratio between glass noodles and vegetables and control over the sweetness were needed with respect to the main dishes. Conclusion: The indicator 'education on Korean royal court cuisine culture' showed relatively low satisfaction compared to its high importance, implying that further improvement in these development measures is especially required.

The Finality of Arbitral Awards: The U.S. Practices

  • Ha, Choong-Lyong
    • 한국중재학회지:중재연구
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    • 제30권3호
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    • pp.3-19
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    • 2020
  • With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

스마트홈 환경에서 컴퓨터 포렌식스의 디지털 증거 무결성 보증 메커니즘 (A Mechanism for Securing Digital Evidences of Computer Forensics in Smart Home Environment)

  • 이종섭;박명찬;장은겸;최용락;이범석
    • 정보학연구
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    • 제10권3호
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    • pp.93-120
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    • 2007
  • A Smart Home is a technically expanded from home network that gives us a comfortable life. But still there is a problem such as mal function of devices and intrusions by malicious parties since it is based on home network. The intrusion by malicious parties causes a critical problem to the individual's privacy. Therefore to take legal actions against to the intruders, the intrusion evidence collecting and managing technology are widely researched in the world. The evidence collecting technology uses the system which was damaged by intruders and that system is used as evidence materials in the court of justice. However the collected evidences are easily modified and damaged in the gathering evidence process, the evidence analysis process and in the court. That's why we have to prove the evidence's integrity to be valuably used in the court. In this paper, we propose a mechanism for securing the reliability and the integrity of digital evidence that can properly support the Computer Forensics. The proposed mechanism shares and manages the digital evidence through mutual authenticating the damaged system, evidence collecting system, evidence managing system and the court(TTP: Trusted Third Party) and provides a secure access control model to establish the secure evidence management policy which assures that the collected evidence has the corresponded legal effect.

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한국중재의 영역확대 방안에 관한연구 (A Study on the Expansion of Arbitration's Area of Coverage in Korea)

  • 김석철
    • 한국중재학회지:중재연구
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    • 제20권3호
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    • pp.47-69
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    • 2010
  • From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

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연명의료의 중단 - 대법원 2009.5.21. 선고 2009다17417 판결과 관련하여 - (Legal Grounds for Withholding or Withdrawal of Life-Sustaining Treatment)

  • 석희태
    • 의료법학
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    • 제10권1호
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    • pp.263-305
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    • 2009
  • Is it lawful to withhold or withdraw life-sustaining treatment applied to a patient in a terminal condition or permanent unconscious condition? In Korea, there are no such laws or regulations which control affairs related to the withholding or withdrawal life-support treatment and active euthanasia as the Natural Death Act or the Death with Dignity Act in the U. S. A. And in addition there has had no precedent of Supreme Court. Recently Supreme Court has pronounced a historical judgment on a terminal care case. The court allowed the withdrawal of life-sustaining treatment from a patient in a permanent unconscious state. Fundamentally the court judged that the continuation of that medical treatment would infringe dignity and value of a patient as a human being. And the court required some legal grounds to consider such withdrawal or withholding of medical care lawful. The legal grounds are as follow. First, the patient is in a incurable and irreversible condition and already entered a stage of death. Second, the patient executed a directive, in advance, directing the withholding or withdrawal of life-support treatment in a incurable and irreversible condition or in a terminal condition. Otherwise, at least, the patient's will would be presumed through his/her character, view of value, philosophy, religious faith and career etc. I regard if a patient is in a incurable and irreversible condition or in a terminal condition, the medical contract between a patient and a doctor would be terminated because of the actual impossibility of achievement of it's purpose. So I think the discontinuation of life-sustaining care would be legally allowed without depending on the patient's own will.

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중재에 있어서 법원의 역할 (The Role of State Courts Aiding Arbitration)

  • 박은옥
    • 무역상무연구
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    • 제30권
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    • pp.91-120
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    • 2006
  • An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

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2017년 주요 의료판결 분석 (Review of 2017 Major Medical Decisions)

  • 이정선;이동필;유현정;정혜승;박태신
    • 의료법학
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    • 제19권1호
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    • pp.207-254
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    • 2018
  • 2017년 주요 판결 중에는, 진료계약과 함께 체결되는 틀니제작계약의 법적성질을 분리하여 후자의 경우 도급적 성질이 있다는 판결과 태아보험은 계약체결 후 1회 보험료를 받은 후부터 그 효력이 발생한다는 보험법리를 활용하여 민법에서 논의되는 전부노출설의 한계를 극복한 판결이 선고되었다. 약화사고와 관련하여 의료인의 책임을 인정하는 판결이 증가하면서 직접 약을 제조 교부하는 약사의 복약지도 등을 강화해야 한다는 의견이 있었고, 감염관리와 관련하여 법원이 과실을 부정하는 방향으로 사실관계를 해석하거나 적용한 데 대한 비판과 함께 병원감염사건의 특수성에 비추어 병원감염 관리 및 그 피해 구제를 위한 제도적 장치마련, 소송법상 증명책임 전환 등 제도의 개선이 필요하다는 의견이 있었다. 설명의무 관련 판결에서는 이미 설명이 되었던 부분이나 설명을 하지 않더라도 해당 진료행위를 수행하였을 것이기 때문에 설명의 대상이 되지 않는다는 판례 등 설명의무의 대상과 관련한 판결들이 다수 선고되었고, 손해배상의 범위와 관련하여 유방을 흉부 장기로 보아 다발성 반흔 구축 및 변형을 장해로 인정한 사건이 선고되어 많은 논의를 불러 일으켰다. 진단서와 관련한 의료법 해석에 대한 대법원 판결은 법률 규정이 가진 해석범위를 넘은 유추해석이라는 지적이 있었다.

배아연구와 불법행위책임 (Human Embryo Research and Tort Liability)

  • 서종희
    • 의료법학
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    • 제12권1호
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    • pp.227-255
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    • 2011
  • Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

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디지털 컴퓨팅 환경의 디지털 증거화를 위한 침해 데이터보증 메커니즘 (An Assurance Mechanism of Intrusion Data for Making Digital Evidence in Digital Computing Environment)

  • 장은겸
    • 인터넷정보학회논문지
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    • 제11권4호
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    • pp.129-141
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    • 2010
  • 디지털 컴퓨팅 환경에서 가질 수 있는 기기의 오류에 의해 오작동과 악의적인 침해가 발생할 수 있다. 이러한 침해행위는 개인의 사생활을 위협하는 치명적인 요소로 작용한다. 이러한 침해행위에 대한 법적 대응을 위해 침해증거 확보 기술과 관리기술을 세계적으로 연구하고 있다. 침해행위에 대한 증거확보기술은 사건발생 시점을 기준으로 증거 대상시스템을 압수하여 법정에서 증거자료로 활용한다. 그러나 수집된 증거물은 증거물 수집, 증거물 분석, 법정의 영역에서 변조 및 손상에 위험성을 가질 수 있다. 즉, 증거물의 무결성과 대상시스템에서 수집된 증거물이 맞는지에 대한 신뢰성에 문제점을 갖는다. 본 논문에서는 디지털 컴퓨팅 환경에서 시스템의 오작동 및 침해증거를 보호하여 컴퓨터 포렌식스를 지원할 수 있도록, 디지털 증거물의 무결성 및 신뢰성 보증을 위한 기법을 제안한다. 제안한 기법으로는 피해시스템, 증거수집, 증거 관리, 법정(제3의 신뢰기관)의 각 개체간에 상호 인증을 통해 증거물을 관리하고 증거물이 법정에서 법적 효력을 발휘할 수 있도록 접근 통제 보안 모델을 제안하여 안전한 증거물 관리 정책을 수립한다.

아동이 지각한 어머니의 심리통제와 아동의 행동문제 -아동의 성과 또래수용도의 중재효과에 대한 탐색- (Children's Perceptions of Mothers' Psychological Control and Children's Behavior Problems : Moderator Effects of Children's Sex and Peer Acceptance)

  • 정윤주
    • 아동학회지
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    • 제25권6호
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    • pp.205-223
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    • 2004
  • This study examined the relationships between children's perceptions of mothers' psychological control, and children's behavior problems(depression, anxiety, withdrawal, and aggression). In order to expand the study on the relationships, special attention was given to the possible moderator effects of children's sex and peer acceptance on the relationships. The subjects were 272 6th graders residing in Seoul. It was found that children's perceptions of mothers' psychological control was significantly related with the levels of children's depression, anxiety, withdrawal, and aggression. The results indicated that mothers' higher psychological control was related to higher levels of children's depression, anxiety, withdrawal, and aggression. No significant sex difference was found in the relationship between children's perceptions of mothers' psychological control and children's behavior problems although all of the correlations between mothers' psychological control and each of the behavior problem variables were somewhat higher among boys than among girls. Children's perceptions of peer acceptance were found to be a significant moderator of the relationship between mothers' psychological control and children's depression, and of the relationship between mothers' psychological control and children's aggression. These findings indicated that peer acceptance could function as a protecting factor for children who perceive their mothers to be psychologically controlling.

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