• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.123-163
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• 2014

As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

• Journal of Korean Home Economics Education Association
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• v.16 no.4 s.34
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• pp.27-41
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• 2004

The purpose of this study was to provide a primary data for the revision of Home Economics Curriculum from the quantitative content analysis of illustrations in current Home Economics textbooks from the gender equity perspective. This study analyzed 342 illustrations and 1.368 individuals in 15 volumes of Home Economics textbooks of the 7th curriculum by units. The major findings of this study show that current Home Economics textbooks improved compared to the textbooks of previous the 4th, 5th. and 6th curriculum periods in terms of sex proportion and sex compositions of individuals appeared in illustrations. However, sex roles. color of clothing and dressing styles. and background and description of individuals appeared in illustrations tends to not described as gender equitable. This study recommends that there is a need for Department of Education to provide a specific manual and authorization standards for writing textbooks and constructing illustrations.

• Journal of Korean Society of Forest Science
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• v.104 no.4
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• pp.632-639
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• 2015

Working in the forest would require a wide range of skills and experience for specific tasks which involve with a high level of risks to worker's safety. However, there has been a concern on the current standard wage system for forest workers because it does not effectively reflect the characteristics of typical working conditions in the forest. In addition, the current standard wages for forestry workers was estimated based on the construction industry's wage system. Therefore, the purpose of this study is to assess a current wage system through the mail survey method and to develop a new wage system for forest worker which effectively reflects skill sets and experience required for successful completion of the work in the forest. We mailed the survey questionnaire consisting of 19 questions to 659 forest workers and received 188 responses resulting in a 28.5% response rate. The results showed that the current average optimal wages of forest worker, special worker and feller were 97,680won/day, 127,559won/day and 152,403won/day, respectively though there were variations depending on the regions. In developing the new standard wage system, this study suggest the current work types(worker, special worker and feller) could be divided into 5 work types (forest-environment workers, forest operations in beginner, forest operations in intermediate, forest operations in advanced and forest equipment operator) reflecting specialty of forest operation thereby stabilizing the new wage system for forest workers.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.71-96
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• 2008

Arbitration is fundamentally a matter of contract, whereby contractual parties may only be required to submit a dispute to arbitration pursuant to their formal agreement. However, there are several important exceptions to this rule that have developed under common law notions of implied consent. These doctrines may serve either to benefit or to harm a nonsignatory to an arbitral agreement because either (1) the nonsignatory may compel a signatory to the agreement to arbitrate a dispute or (2) the nonsignatory may be compelled to arbitrate a dispute despite never having signed an arbitration agreement. The Court has a long-standing domestic policy of favoring arbitration, and these doctrines reflect that policy. 1. incorporation by reference An arbitration clause may apply to a party who is a nonsignatory to one agreement containing an arbitration clause but who is a signatory to a second agreement that incorporates the terms of the first agreement. 2. assumption An arbitration clause may apply to a nonsignatory who has impliedly agreed to arbitrate. Under this theory, the nonsignatory's conduct is a determinative factor. For example, a nonsignatory who voluntarily begins arbitrating the merits of a dispute before an arbitral tribunal may be bound by the arbitrator's ruling on that dispute even though the nonsignatory was not initially required to arbitrate the dispute. 3. agency A nonsignatory to an arbitration agreement may be bound to arbitrate a dispute stemming from that agreement under the traditional laws of agency. A principal may also be bound to arbitrate a claim based on an agreement containing an arbitration clause signed by the agent. The agent, however, does not generally become individually bound by executing such an agreement on behalf of a disclosed principal unless there is clear evidence that the agent intended to be bound. 4. veil piercing/alter ego In the corporate context, a nonsignatory corporation to an arbitration agreement may be bound by that agreement if the agreement is signed by its parent, subsidiary, or affiliate. 5. estoppel The doctrine of equitable estoppel is usually applied by nonsignatory defendants who wish to compel signatory plaintiffs to arbitrate a dispute. This will generally be permitted when (1) the signatory must rely on the terms of the contract in support of its claims against the nonsignatory, or (2) the signatory alleges that it and the nonsignatory engaged in interdependent misconduct that is intertwined with the obligations imposed by the contract. Therefore, this article analyzed these doctrines centering around case-law in America.

• Journal of Korean Society of Forest Science
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• v.108 no.4
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• pp.618-627
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• 2019

An increase in damage to crops and facilities caused by wildlife such as wild boar causes serious social and economic problems to the rural economy in Korea. This study aims to estimate the economic losses incurred to rural households in mountain villages near protected areas in Korea due to the damage to agricultural and forestry production by wildlife. The case of mountain villages located in Toji-myeon, Gurye-gun near the Jirisan National Park was studied as an example. Data were collected by interviewing 84 households across six mountain villages in April and June 2016. The results indicate that the economic losses due to wildlife damage in 2015 were estimated to be 1.65 million KRW per household, which is a total of 138.63 million KRW for the 84 households. Among local products, the most damaged products were chestnut, fern-brake, wild pear, peach, and potato, whereas the most damaged products per production area were sweet potato, peach, corn, and potato. The potential economic losses caused by wildlife damage to agricultural and forestry production in whole Gurye-gun area was estimated to be around 4.0 billion KRW in 2015. However, the municipal government budget for the compensation of wildlife damage was only 0.9 percent of the potential rural economic losses caused by wildlife damage in 2015. The results of our study suggest that the compensation scheme for wildlife damage is inadequate in the respect of social justice. Considering the low financial capacity of the municipalities in mountain areas, the central government should take a progressive responsibility by allocating more financial resources for compensation of economic losses of rural households due to wildlife damage. The equitable and effective governance of wildlife conservation is required for sustainable development of rural communities near protected areas.

• Korean Journal of Social Welfare
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• v.52
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• pp.273-299
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• 2003

Children in one-parent families have difficulties from negative perception and prejudice in society in spite of increasing divorce rate and the substantial number of one-parent families. This research aims to provide basic setting-up materials of the equal educational environment to children in one-parent families by examining teachers' perception and attitudes towards those children, and also analysing which factors are associated with the teachers' perceptions and attitudes. In particular, by exploring teachers' internalized value system and stereotyped conception are closely related to the process of evaluating children's personality and behavior, this research suggests that social consciousness to one-parent families should be changed and improved in terms of equality. According to the research result, most teachers notice that children in one-parent families are increasing by number at schools, however, they do not seem to understand properly children's situations including psychological condition. Teachers' negative perception of children in one-parent families are not only influenced by teachers' socio-demographic characteristics, experience factors and children's school life, but also by teachers' own personal value of familism and divorce. Such teachers' attitudes towards one-parent family children are easily predicted to influence children's confidentiality and self-respect. Therefore, it is proposed that the change of social consciousness on one-parent families, the change of educational system and educational environment, development of educational training program for teachers, allocation of school social worker or school counsellor, and empowerment of one-parent family are necessary in order children in one-parent families to have more equitable opportunities at school.

• Journal of Navigation and Port Research
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• v.34 no.3
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• pp.213-220
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• 2010

Following the application of Formal Safety Assessment(FSA) to bulk carriers, crude oil tankers and large passenger ships, an urgent need to consider the safety of general cargo ships has recently been raised through the International Maritime Organization(IMO)(IMO, 2006a), and related FSA studies are being carried out by International Association of Classification Societies(IACS) as a preparatory work for the discussion on the issue of general cargo ship safety in the IMO committee. FSA is a structured and systematic methodology which is based on the techniques of risk analysis and cost benefit assessment to assist in the decision-making process, and aims at enhancing maritime safety, including protection of life, health, the marine environment and property. FSA can be used as a tool to facilitate the development of regulatory changes equitable to the various parties, with a view to aiding the achievement of consensus, and to help in the evaluation of new regulations and in making a comparison between existing and possibly improved regulations(IMO, 2007). This study aims at verifying the usefulness of FSA methods as a tool to conduct a safety assessment of general cargo ships flying the Korean flag, and providing useful information on 'the safety of general cargo ships' for IMO committee's discussion on the matter at a future session. FSA comprises five steps, however, steps 1(Hazard identification) and 2 (Risk analysis) from the FSA study for the Korean-flagged general cargo ships are discussed in this paper.

• Journal of the Korean Society for Library and Information Science
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• v.44 no.3
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• pp.199-218
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• 2010

This study evaluates YALSA's Competencies for Librarians Serving Youth: Young Adults Deserve the Best announced at the Young Adult Library Services Association(YALSA), a division of the American Library Association(ALA) on January 2010. For this study, we investigated fifth librarians working at the National Library of Korea to find out the requirements, effectiveness, and difficulties regarding seven areas and forth-eight detailed qualifications indicated by YALSA's Competencies for Librarians Serving Youth through survey. The results show that the more important areas required for youth services librarians were identified as knowledge of materials, administration, leadership and professionalism. Difficult areas of competencies are communication, marketing and outreach. Analysis of forty-eight detailed qualifications according to their importance and the level of difficulty shows that the more important areas are A4(encourage young adults to become lifelong library users by helping them to discover what libraries offer, how to use library resources, and how libraries can assist them in actualizing their overall growth and development) and A1(develop and demonstrate leadership skills in identifying the unique needs of young adults and advocating for service excellence, including equitable funding and staffing levels relative to those provided for adults and children), while the most difficult area of competencies is C4(Design, implement, and evaluate a strategic marketing plan for promoting young adult services in the library, schools, youth-serving agencies and the community at large).

• International Journal of Railway
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• v.1 no.4
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• pp.143-148
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• 2008

This paper is the output of a collaborative European project concerning the barrier free accessibility for disabled persons to regional and long distance trains in Europe. Disabled people represent around 13% of the population in Europe. This is approximately 63 million people. The range of disabilities includes people with reduced mobility including wheel chair users, viewing and hearing impaired people and other forms of impairment. Improving accessibility aims at contributing to the provision of public transport services to all citizens in an equitable way. The purpose of the project was to analyse and to evaluate the existing solutions at selected European railways for all required modules at the entrance (doors, information and safety solutions), to derive a design concept, to develop a mock-up in meeting the needs of rail travellers with the above mentioned impairments and to test it with user groups. The project also aims at deriving components for the determination of standards. The EUPAX Design Mock-up test was performed to verify the advantages of the layout of the train segment including the different modules such as access area (including the access door, gaps between platform and train as well as boarding aid devices), entrance vestibule, information systems inside and outside the train, emergency facilities, toilet with all conveniences and the additional test arrangements regarding push buttons, steps and emergency equipment. For this purpose a questionnaire was developed for the assessment of the EUPAX segment and the additional test arrangements. With the help of this questionnaire it was possible to execute a quantitative and qualitative evaluation. During three test phases 67 experts and handicapped persons from 6 countries have evaluated the Industrial Design mock-up based on this questionnaire. The test group covered persons from North (Denmark) to the South (Italy) and from the West (Spain) to the Middle of Europe (Germany). This is especially important for the generalization (harmonisation) of the results for all European countries. According to COST 335 the information for people with reduced mobility should be clear, concise, accurate and timely. So that all information can be received from persons, they must be transferred on at least two of the three possible ways (acoustical, visual, tactile), a so called "2-sense-principle". Based on the results ergonomic specifications/ solutions for the ergonomic design of the access area, the acoustic, visual and tactile information and the emergency devices including the emergency communication system were developed, related to the benefiting passenger groups.

• Journal of Environmental Policy
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• v.10 no.2
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• pp.3-19
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• 2011

Nagoya Protocol designed to establish criteria about material trade of biological genetic resources(ABS) was adopted in the 10th conference of the Parties to the Convention on Biological Diversity. In the course of the negotiation for adoption of the protocol, there was conflict between developed and developing countries, resource-rich and poor countries, and multinational corporations and environmentalists. This study investigates conflict process, subjects, issues and major factors in the negotiation case, and analyzes the negotiation by using the Conflict Management Process. To develope conflict management strategies for various conflict cases, we examine previous studies and analyze the intersectional conflict factors of this case and general cases, such as Fundamental side, Resource-allocation side, and Communication/Information-sharing side. These analyses of conflict prevention/resolution of the ABS negotiation show the importance of building mutual trust among stakeholders, enhancing mediator training, and constructing appropriate legislative/policy systems for successful conflict management.