• Title/Summary/Keyword: EFFECTIVENESS OF INTERPRETATION

Search Result 127, Processing Time 0.026 seconds

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
    • /
    • v.13 no.1
    • /
    • pp.169-205
    • /
    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

  • PDF

Evaluation of Neoadjuvant Chemotherapy Effect in Osteosarcoma (골육종에서 술전 항암화학요법의 효과 판정)

  • Joo, Min Wook;Kang, Yong-Koo;Yoo, Ie Ryung;Choi, Woo Hee;Chung, Yang-Guk;Kim, Dong-Hyun;Kang, Jin-Woo
    • The Journal of the Korean bone and joint tumor society
    • /
    • v.20 no.2
    • /
    • pp.66-73
    • /
    • 2014
  • Purpose: Various diagnostic imaging modalities have been used to evaluate the effect of neoadjuvant chemotherapy for osteosarcoma early and noninvasively. We evaluated the effectiveness of imaging studies of plain radiographs and positron-emission tomography/computed tomography (PET/CT) in predicting neoadjuvant chemotherapy effect for osteosarcoma and tried to establish a general principle in interpretation of PET/CT parameters. Materials and Methods: Eighteen patients who underwent two cycles of neoadjuvant chemotherapy and surgical excision for osteosarcoma were enrolled. There were 13 males and 5 females, with a median age of 19 (11-63) years. Fifteen patients of 18 had the American Joint Committe on Cancer (AJCC) stage IIB. They had plain radiographs and PET/CT before and after neoadjuvant chemotherapy. The resected tumor specimens were pathologically examined to determine histological response grade using a conventional mapping method. Statistical analysis was performed to evaluate the correlation between histopathological necrosis rate, and radiographic finding category, post-chemotherapy maximum standardized uptake value (SUVmax), average standardized uptake value and metabolic tumor volume (MTV) as well as reduction rates of them. Results: Eight patients were good responders to neoadjuvant chemotherapy based on histological evaluation. Median SUVmax reduction rate was 73 (23-77) % in good responders and 42 (-32-76) % in poor responders. Median MTV reduction rate was 93.5 (62-99) % in good responders and 46 (-81-100) % in poor responders. While radiographic finding category was not different according to histological response (p=1.0), SUVmax reduction rate was significantly different (p=0.041). Difference in MTV reduction rates approached statistical significance as well (p=0.071). Conclusion: While radiographic finding category was not reliable to assess neoadjuvant chemotherapy effect for osteosarcoma, reduction rate of SUVmax was a useful indicator in this study. As parameters of PET/CT can be influenced by various factors of settings, different centers have to make an effort to establish their own standard of judgement with reference of previous studies.

An Evaluation of NURI(New University for Regional Innovation): Focusing on Changes in Graduate Employment (졸업생 취업률 변화를 중심으로 본 지방대학혁신역량강화(NURI)사업의 평가)

  • Lee, Sam-Ho;Kim, Hisam
    • KDI Journal of Economic Policy
    • /
    • v.30 no.2
    • /
    • pp.157-183
    • /
    • 2008
  • 'New Universities for Regional Innovation(NURI)' is a financial aid program designed to promote the development of universities as a major component of Regional Innovation System (RIS). In particular, this program emphasizes the role of regional universities to provide the qualified graduates for the regional economy. This paper is to evaluate the effect of NURI, focusing on the change of graduates' employment. The effect of the program can be evaluated by the quality of graduates' accumulated human capital, and graduates' employment performance represents the graduates' quality evaluated in the labor market. This is also believed to be a good performance indicator of the NURI program. We utilize the graduate employment survey of Korean Educational Development Institute (KEDI), and calculate the graduates' employment rates of the departments that received the financial support of NURI (treatment group). We also calculate the graduates' employment rates of the departments that applied for the support of the NURI program but were not selected (comparison group). By using difference-in-differences method, we compare the change of graduates' employment rates in treatment and comparison groups before and after the program came in effect. Compared with the employment rates in 2004 before the NURI program started, the graduates employment rates improved in both groups in 2005 and 2006. The improvement of the employment rates in the treatment group is larger than that in the comparison group. Moreover, the difference of improvement gets larger in the year 2006 than in 2005, which means those students who were affected more years by the NURI program are more likely to be employed. However, the difference is not statistically significant, and we cannot definetely conclude that NURI showed the desired effect on the quality of the college graduates. We calculate employment rates in two ways; whether to treat going on to graduate education as an employment or not. The result was qualitatively the same in both cases. We also tracked quality of employment by investigating the firm size where the graduates of the treatment group were employed. By utilizing data from the Employment Insurance Fund, we measure the firm size by the number of employees. We did not find any deterioration of employment quality between 2005 and 2006, though it deteriorates in 2007. Therefore, the improvement of employment rates until 2006, though not statistically significant, does not seem to come at the cost of employment quality. The interpretation of this result cannot help being very limited. First, this evaluation covers such a short time period. It only covers two years after the program started, 2005 and 2006. Second, the extent of the improvement in employment rates is not satisfactory considering the amount of financial support, even though it can be argued that the employment has improved since the inception of the program. Subsequent evaluation of the program is required to certify the NURI programs' longer term effectiveness.

  • PDF

The Change of Christian Pre-Service Early Childhood Teachers through Development of Bible-Based Early Childhood Language Education Activities (성경에 기초한 유아 언어 교육 활동 개발을 통한 기독 예비 유아 교사의 변화)

  • Kim, Min-Jung
    • Journal of Christian Education in Korea
    • /
    • v.61
    • /
    • pp.165-201
    • /
    • 2020
  • The purpose of this study is to explore the development of language education of Christian early childhood education by exploring the change of pre-Christian preschool teachers through the development of biblical language education activities. Interviews, surveys, action plans, and reflections of 19 Christian education students who participated in the development of bible-based language education activities for children based on the language of early childhood language, were conducted from September 3 to December 28, 2018. The data were collected through a portfolio. By analyzing the collected data, the key categories were derived and categorized. For the objectification of data analysis and interpretation, two thematic and early childhood education specialists were identified. As a result, the preparatory Christian teacher experience for the development of bible-based langage education activities for young children was categorized into cognitive change, personality change and practical change. First, through the development of bible-based early childhood language education activities, Christian pre-service early childhood teachers have brought cognitive changes as 'processes not outcomes', 'integration not separation', 'living non-curriculum' and 'meaning not effect'. In developing bible-based language education activities for young children, Christian pre-service early childhood teachers experienced a cognitive change in the 'process of language education activities' rather than the developmental achievements and results of early childhood language education. Christian pre-service early childhood teachers recognized the necessity of 'integration of listening-speaking-reading-writing', not the separation of early childhood language education. They recognized the importance of 'informal language education in kindergarten life', as well as teacher-centered formal language education. In addition, they have made a cognitive change that 'child-centered meaningful language education experience' is more important than the effectiveness of early childhood language education. Second, in developing bible-based language education activities for young children, Christian pre-service early childhood teachers showed personality changes as 'confident teachers', 'professional teachers', and 'teachers with reflective thoughts and attitudes'. Finally, in developing bible-based language education activities for young children, Christian pre-service early childhood teachers recognized the power of positive language and practiced it to form habits of using the right language and to link Christian education with early childhood education. Through the development of bible-based language education activities for young children, Christian pre-service early childhood teachers are equipped with the heart attitude and enthusiasm required to become true early childhood teachers for young children in unpredictable educational conditions and rapidly changing educational realities. Teacher efficacy has improved. In the future, it is expected that various teacher education programs linking Christian education and early childhood education will be continuously and systematically implemented.

Determination of the Optimum Rates of P and K Fertilizer Application for Tong-il Line Rices in Different Paddy Soils (통일계(統一系) 수도품종(水稻品種)에 대(対)한 답토양별(畓土壤別) 인산(燐酸) 및 가리시비적량(加里施肥適量))

  • Lee, Choon-Soo;Huh, Beom-Lyang;Ryu, In-Soo;Park, Chon-Suh;Ko, Mi-Suk
    • Korean Journal of Soil Science and Fertilizer
    • /
    • v.15 no.2
    • /
    • pp.101-109
    • /
    • 1982
  • An attempt to determine the optimum levels of P and K fertilizers application for Tong-il lines (indica${\times}$Japonica) was made with the data obtained from the farm fields during 1976 to 1979. The detailed interpretation to obtains relationships between fertilizer recommendation of P and K with their balance with Ca and Mg contents in soil were made using yield data obtained in 1977. The results were summarized as follows : 1. The optimum rates of P and K fertilizer application varied with the kinds of paddy soils showing the ranges of 6.6-11.4 kg/10a for P (as $P_2O_5$) and 7.0-11.3 kg/10a for K (as $K_2O$). The amounts of optimum fertilizers increased in the order of unmatured soil, normal soil, sandy soil, saline soil, poorly drained soil for P, and unmatured soil, poorly drained soil, sandy soil, normal soil, saline soil for K. 2. The yield increment at the optimum levels of P and K in comparison with no fertilizer application were 3,5-7.5% for P and 2.1-9.1% for K. The effectiveness of P was greatest in the unmatured soils and that of K was greatest in the poorly drained soils, and in the saline soil, that of P and K was relatively high. 3. According to relationship between relative yield index and soil testing value, the critical $P_2O_5$ contents which showed the yield response in soil were about 100 ppm for normal soil and 200ppm for sandy soil. That of exchangeable K/Ka+Mg ratio in soil were about 0.08 for normal paddy soil and over 0.08 for sandy soil, and those for poorly drained soils were not obtained in the ranged below 0.08. 4. The regression equations of fertilizer recommendation for different soils were obtained between the available $P_2O_5$ in soil or ratio of K to base including Ca and Mg in soil (x) and the amount (Y) of P and K fertilizers applied. The equations for phosphorus recommendation were Y=11.27C-0.048x for normal paddy soil and Y=13.383-0.061x for sandy soil, and those for potassium recommendation were Y=9.526-0.569x for normal paddy soil, Y=11.727-1.004x for sandy soil, and Y=12.574-0.558x for poorly drained soil, respectively.

  • PDF

New attempt on the Autonomous Vehicles Act based on criminal responsibility (자율주행자동차 사고시 형사책임에 따른 '자율주행자동차의 운행과 책임에 관한 법률안' 시도)

  • Lee, Seung-jun
    • Journal of Legislation Research
    • /
    • no.53
    • /
    • pp.593-631
    • /
    • 2017
  • Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

Effective Geophysical Methods in Detecting Subsurface Caves: On the Case of Manjang Cave, Cheju Island (지하 동굴 탐지에 효율적인 지구물리탐사기법 연구: 제주도 만장굴을 대상으로)

  • Kwon, Byung-Doo;Lee, Heui-Soon;Lee, Gyu-Ho;Rim, Hyoung-Rea;Oh, Seok-Hoon
    • Journal of the Korean earth science society
    • /
    • v.21 no.4
    • /
    • pp.408-422
    • /
    • 2000
  • Multiple geophysical methods were applied over the Manjang cave area in Cheju Island to compare and contrast the effectiveness of each method for exploration of underground cavities. The used methods are gravity, magnetic, electrical resistivity and GPR(Ground Pentrating Radar) survey, of which instruments are portable and operations are relatively economical. We have chosen seven survey lines and applied appropriate multiple surveys depending on the field conditions. In the case of magnetic method. two-dimensional grid-type surveys were carried out to cover the survey area. The geophysical survey results reveal the characteristic responses of each method relatively well. Among the applied methods, the electric resistivity methods appeared to be the most effective ones in detecting the Manjang Cave and surrounding miscellaneous cavities. Especially, on the inverted resistivity section obtained from the dipole-dipole array data, the two-dimensional distribution of high resistivity cavities are revealed well. The gravity and magnetic data are contaminated easily by various noises and do not show the definitive responses enough to locate and delineate the Manjang cave. But they provide useful information in verifying the dipole-dipole resistivity survey results. The grid-type 2-D magnetic survey data show the trend of cave development well, and it may be used as a reconnaissance regional survey for determining survey lines for further detailed explorations. The GPR data show very sensitive response to the various shallow volcanic structures such as thin spaces between lava flows and small cavities, so we cannot identify the response of the main cave. Although each geophysical method provides its own useful information, the integrated interpretation of multiple survey data is most effective for investigation of the underground caves.

  • PDF