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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.

An Empirical Analysis of Fixed Asset Investment Smoothing Effects of Working Capital (운전자본의 고정자산투자 스무딩효과의 실증적 분석)

  • Shin, Min-Shik;Kim, Soo-Eun;Kim, Gong-Young
    • The Korean Journal of Financial Management
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    • v.25 no.4
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    • pp.25-51
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    • 2008
  • In this paper, we analyse empirically the fixed asset investment smoothing of working capital of firms listed on Korea Securities Market. The main results of this study can be summarized as follows. Firms will seek to lower long-term cost by smoothing fixed asset investment and maintaining stationary investment with working capital. Working capital is not only an important use of fund, but also a source of liquidity that should be used to smooth fixed asset investment relative to cash flow shocks if firms face financial constraints. Working capital investment is more sensitive than fixed asset investment to cash flow fluctuations. If firms face financial constraints, working capital investment will compete with fixed asset investment for the limited pool of available cash flows. So, fixed asset investment will have negative relationship with working capital investment. However, criticism that the positive correlation between cash flows and fixed asset investment could arise simply because cash flows is proxy variable for investment demand. Finally, controlling for the fixed asset investment smoothing effects of working capital results in a much larger estimate of the long run impact of financial constraints. Financial constraints is measured by dividend payout ratio and market access level. Fazzari et al. (1988), Fazzari and Petersen (1993), and Faulkender et al. (2008) emphasize that low dividend firms or market unaccessible firms are more likely to face financial constraints, and rarely make use of new equity issuing. The results from empirical analysis show that financial constraints can be better explained using 'adjustment cost' concept. Specifically, the results show that financial constraints exist and that in order to measure financial constraint effects more succinctly, fixed asset investment smoothing effects with working capital should be considered.

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Knowledge and Attitude toward Restaurant-Related Sanitation of New Restaurateurs (일반음식점 신규영업주의 위생관리지식 및 위생행정에 대한 태도)

  • Kim, Seun-Taek;Park, Jae-Yong;Kam, Sin;Han, Chang-Hyun
    • Korean Journal of Health Education and Promotion
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    • v.15 no.1
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    • pp.79-95
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    • 1998
  • The purpose of this study was to investigate the sanitation affairs of general restaurants. The questionnaire survey on the attitude and knowledge toward sanitation, the attitude for sanitary administration and the sanitary education was conducted against new 600 restaurateurs who were educated from June 20 to July 11, 1996, at the administration hall's division of Kyungsangbook-do in charge of food industry that offered regular sanitary education to new restaurateurs annually. And the visit survey on sanitary practice was also conducted over 93 restaurateurs who obtained the commercial license for food service business. The findings from the survey were as follows; In regard to food sanitation, some 87.1 to 88.3% got the right knowledge about the reason and precaution of food poisoning, food's frozen or cold-storage, and the disposal of products after expiration of validity term. But it was about 20.8% to 50.0% who knew right about major precaution, storage temperature in refrigerator, fermented milk product's storage temperature and validity term. There was therefore a necessity for education in food sanitation. 38.2% of the subjects placed an emphasis on sanitary storage of foodstuffs as the most important thing in sanitary management. 33.8% emphasized cooking sanitation. The environmental sanitation was counted as the most important thing by 19.2%, and personal sanitation of worker was counted by 8.8%. There was differences in what they thought the most important thing was, according to the respondent's educational level and cooker. 86.6% replied it necessary to improve the sanitary level. The respondents who were younger or had better educational level emphasized more the need for it. Concerning health examination, 90.2% replied it necessary. 81.4% answered the reason was because there was a potentiality Quests might be infected with contagious disease. 78.5% pointed the need for sanitary education, but respondents with higher educational level less emphasized its needs. As the reason for poor sanitation, restaurateur's poor awareness about it was most frequently pointed out, by 46.9%. Cooking sanitation was most frequently counted, by 38.5%, as the first thing to be improved. As the most critical point in sanitary education, 34.5% indicated food's sanitary Quality control 30.9% mentioned sanitary treatment of kitchen facilities and peripheral environment, and 27.1% emphasized the summary of the general food sanitation. 77.7% answered to correct immediately in case of violating the Food Hygiene Law, and 12.0% replied to correct in the same case if they would get the order from public official or administrative action would be taken. Respondents with higher educational level answered more to correct immediately. What they wanted the government office to do toward sanitary improvement was a fund aid an facilities and management which was pointed out by 38.9%, a periodical sanitary education by 26.3% and a on-the-spot guidance of sanitary officials by 22.3%. In view of the food service business's sanitary practice, the rate of wearing a sanitary clothes was 32.9% in city and 35.0% in county. The rate of hand-washing without soap or non-washing at cooking was 73.9%, 85%, respectively. The rate of personnel sanitation was 34.2% in city and 50.0% in county. These things indicated the sanitation was not well practiced. To improve the poor sanitary conditions of the food service businesses, it is recommended to offer institutional backing and financial aid from administrative office, and encourage restaurateurs to take pride in their job. and conduct the sanitary education effectively by sanitary education institution.

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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
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    • v.30 no.2
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    • pp.157-183
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    • 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.

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Analysis of Industrial Linkage Effects for Farm Land Base Development Project -With respect to the Hwangrak Benefited Area with Reservoir - (농업생산기반 정비사업의 산업연관효과분석 -황락 저수지지구를 중심으로-)

  • Lim, Jae Hwan;Han, Seok Ho
    • Korean Journal of Agricultural Science
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    • v.26 no.2
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    • pp.77-93
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    • 1999
  • This study is aiming at identifying the foreward and backward lingkage effects of the farm land base development project. Korean Government has continuously carried out farmland base development projets including the integrated agricultural development projects. large and medium scale irrigation projects and the comprehensive development of the four big river basin including tidal land reclamation and estuary dam construction for the all weather farming since 1962. the starting year of the five year economic development plans. Consequently the irrigation rate of paddy fields in Korea reached to 75% in 1998 and to escalate the irrigation rate, the Government had procured heavy investment fund from IBRD. IMF and OECF etc. To cope with the agricultural problems like trade liberalization in accordance with WTO policy, the government has tried to solve such problems as new farmland base development policy, preservation of the farmland and expansion of farmland to meet self-sufficiency of foods in the future. Especially, farmland base development projects have been challanged to environmental and ecological problems in evaluating economic benefits and costs where the value of non-market goods have not been included in those. Up to data, in evaluating benefits and costs of the projects, farmland base development projects have been confined to direct incremental value of farm products and it's related costs. Therefore the projects'efficiency as a decision making criteria has shown the low level of economic efficiencies. In estimating economic efficiencies including Leontiefs input-output analysis of the projects could not be founded in Korea at present. Accordingly this study is aimed at achieving and identifying the following objectives. (1) To identify the problems related to the financial supports of the Government in implementing the proposed projects. (2) To estimated backward and foreward linkage effects of the proposed project from the view point of national economy as a whole. To achieve the objectives, Hwangrak benefited area with reservoir which is located in Seosan-haemi Disticts, Chungnam Province were selected as a case study. The main results of the study are summarized as follows : a. The present value of investment and O & M cost were amounted to 3,510million won and the present value of the value added in related industries was estimated at 5.913million won for the period of economic life of 70 years. b. The total discounted value of farm products in the concerned industries derived by the project was estimated at 10,495million won and the foreward and backward linkage effects of the project were amounted to 6,760 and 5,126million won respectively. c. The total number of employment opportunities derived from the related industries for the period of project life were 3,136 man/year. d. Farmland base development projects were showed that the backward linkage effects estimated by index of the sensitivity dispersion were larger than the forward linkage effect estimated by index of the power of dispersion. On the other hand, the forward linkage effect of rice production value during project life was larger than the backward linkage effect e. The rate of creation of new job opportunity by means of implementing civil engineering works were shown high in itself rather than any other fields. and the linkage effects of production of the project investment were mainly derived from the metal and non-metal fields. f. According to the industrial linkage effect analysis, farmland base development projects were identified economically feasible from the view point of national economy as a whole even though the economic efficiencies of the project was outstandingly decreased owing to delaying construction period and increasing project costs.

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Research on Factors Influencing the Change of the Types of the Occupation and the Income by Medical Expenditure (의료비 지출이 종사상 지위 및 소득변화에 미치는 요인연구)

  • Ji, Eun-Jeong
    • Korean Journal of Social Welfare
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    • v.56 no.3
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    • pp.5-35
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    • 2004
  • This research is about the change of the occupation and the income of the subscriber of the medical expenditure due to the economic influence on them. The data of this study are based on 4,215 of medical cost payers among respondents of the survey on "Health and Retirement", which was the fourth additional research of Korea Labor and Income Panel Survey. The main findings of this study are as follows: First, the average medical cost is 5.5% of the income. The ratio of the medical cost to an earned income is highly different between low-income group and high income group. For the low income group, the medical cost reaches up to 1/3 of the total family income. That proves that the medical cost si a heavy burden on them. The group with the high medical expenditure seems to be supported by their own private property and other family members whenever it is needed. But it doesn't show the exact sources of the property, which includes the fund from the interests and real estates. On the other hand, only 14.4% of the subscribers changed their job status on the 5th year, and 85.6% of those kept their job status until the 5th year from the 4th year. This shows that the amount of the medical cost could be the important factor for them to change their job; for example, it is crucial whether the medical expenditure is over the average rate or not. Furthermore, the change of the occupation caused by the medical cost has the negative influence on the gross income. It makes the economic conditions of the family get worse. Therefore, the health insurance in Korea is lack of the compensational function, which substitutes the family income reduced by the change of the job status due to the high medical cost.

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A Study on Experimental Construction of Community Garden - A Case Study on Rooftop of SAHA Disabled Welfare House - (커뮤니티 가든 조성을 위한 실험 연구 - 사하 장애인복지관 옥상을 대상으로 -)

  • Kim, Seung-Hwan;Yoon, Sung-Yung;Cha, Min-Jun;Yoo, yeon-seo;Cho, Ji-Young;Kim, Yoon-Sun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.2
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    • pp.24-37
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    • 2012
  • In this study, Community Garden of various national and international practices trends to an advanced research, the concept of community garden participated with a group operation out of initiative to produce safety food while securing space for the community, ensuring the area that has gone through a new form of active secure urban green space plan, urban renewal movement was defined as the mean. Furthermore, for the purpose of improving the poor welfare environment by attempting to experimentally make a community garden of a disabled welfare house rooftop and how to target its planning and construction process, partnership involvement, business processes have been investigated, such as cost sharing. The whole process including a budget for development of this case was conducted by the Busan Green Trust. Standard Chartered (SC) First Bank's 50% fund share by community chest, participation of volunteers, support of Busan City and Saba-gu, outside of that, sharing parts or trial to participate by diverse partnership of enterprise, public corporation and laboratory, these are the key in developing community garden's model. Established community garden places resulted food production to users of welfare center for the disabled, participating urban agricultural experience program, horticultural therapy, complex community chapter and cultural center. Furthermore, we could find the meaning of rooftop community garden in the point that it is a low cost garden by applying movable and unmovable planters. This study is profitable for improving urban environment, ensuring community chapter and urban green areas, regenerating a city to develop experimental community garden model by using a welfare house rooftop.

The Relations between Financial Constraints and Dividend Adjustment Speed of Innovative Kosdaq Enterprises (혁신형 코스닥기업의 재무적 제약과 배당조정속도간의 관계)

  • Shin, Min-Shik;Shin, Chan-Shik
    • Journal of Korea Technology Innovation Society
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    • v.12 no.4
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    • pp.687-714
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    • 2009
  • In this paper, we study empirically the relations between financial constraints and dividend adjustment speed of innovative small and medium sized enterprises (SMEs) listed on Kosdaq Market of Korea Exchange. The main results of this study can be summarized as follows. Determinants suggested by the major theories of dividends, namely, residual dividend theory, dividend signaling theory, agency theory, catering theory, and transactions cost theory explain significantly the dividend payout policy of Kosdaq SMEs. Lintner's dividend adjustment model indicates that Kosdaq SMEs have long run target payout ratio, and that Kosdaq SMEs adjust partially the gap between actual and target payout ratio each year. In the core variables of Lintner (1956) dividend adjustment model, past DPS has more effect than current EPS. These results suggest that Kosdaq SMEs maintain stable dividend policy which maintain past DPS level without corporate special reasons. Dividend adjustment speed of innovative Kosdaq SMEs is more fast than that of uninnovative Kosdaq SMEs, and dividend adjustment speed of financial unconstrained innovative Kosdaq SMEs is faster than that of financial constrained innovative Kosdaq SMEs. Futhermore, dividend adjustment speed of innovative Kosdaq SMEs classified by Small and Medium Business Administration is faster than that of unclassified innovative Kosdaq SMEs. The former is linked with financial policies and services like credit guaranteed service, venture investment fund, insurance program, and so on. In conclusion, past DPS and current EPS suggested by the Lintner's dividend adjustment model explain mainly dividend adjustment speed, and financial constraints explain also partially. Therefore, if managers of innovative Kosdaq SMEs can properly understand of the effects of financial constraints on dividend smoothing, they can maintain constantly dividend policy. This is encouraging result for Korea government as it has implemented many policies to commit to innovative Kosdaq SMEs.

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A Loan System of funding Research Projects for Starting Up Venture Business(A Research fund Management System Incorporating Business Concept) (벤처기업 육성을 위한 대여 연구비 관리제도(Business형 연구관리제도))

  • 강박광;황희융
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.1 no.1
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    • pp.73-82
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    • 2000
  • Conventional funding system for the university research projects is limited to a grant or subsidy type funding method which does not require an obligation of refund. Such a funding system is known as ideal one for the university research activities which in general is not a profit oriented activities. It is considered ideal in a sense that nonprofit oriented research activities gives more emphasis on creativity than on efficiency or practical value. A venture- business-start-up research activity can not be considered as a pure nonprofit oriented activities. It clearly gives more emphasis on efficiency and practical value than on creativity Recently a large portion of the venture-business-start-up research activities are carried out in the universities. When a conventional research funding system is applied to such a new type of research activities, it turned out that the success rate is much lower than expectancy. This is why a new and differentiated funding system is sought for such a new type of research activities. A funding system of loan type for a venture-business-start-up research activities is proposed herewith. A loan system naturally requires a pay back after the successful start up of the venture business. This loan system nay be considered that a business concept is grafted on a conventional funding system for the university research activities. This means that a rather loose or generous terms and conditions of the money loan case is introduced into this funding system to remedy the short comings of the intrinsic nonprofit nature of the university research activities. The point is how to improve the success rate and how to reduce the undesirable aspect of the conventional university research activities when it is practiced with the new type of research activities. After one and half year of practicing with the new funding system. it can not be asserted that a definitely positive results could be obtained. but a trend of desirable aspects could be observed such as low drop out rate. project selection efficiency, higher sense of responsibility. etc.

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Contribution of Oswald Veblen to AMS and its meaning in Korea (Oswald Veblen이 미국수학계에 미친 영향과 한국에서의 의미)

  • Lee, Sang-Gu;Ham, Yoon-Mee
    • Journal for History of Mathematics
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    • v.22 no.2
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    • pp.27-52
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    • 2009
  • This article discusses the contributions of the leader Oswald Veblen, who was the president of AMS during 1923-1924. In 2006, Korea ranked 12th in SCIE publications in mathematics, more than doubling its publications in less than 10 years, a successful model for a country with relatively short history of modern mathematical research. Now there are 192 four-year universities in Korea. Some 42 of these universities have Ph.D. granting graduate programs in mathematics and/or mathematical education in Korea. Rapid growth is observed over a broad spectrum including a phenomenal performance surge in International Mathematical Olympiad. Western mathematics was first introduced in Korea in the 17th century, but real significant mathematical contributions by Korean mathematicians in modern mathematics were not much known yet to the world. Surprisingly there is no Korean mathematician who could be found in MaC Tutor History Birthplace Map. We are at the time, to have a clear vision and leadership for the 21st century. Even with the above achievement, Korean mathematical community has had obstacles in funding. Many people thinks that mathematical research can be done without funding rather unlike other science subjects, even though they agree fundamental mathematical research is very important. We found that the experience of early American mathematical community can help us to give a vision and role model for Korean mathematical community. When we read the AMS Notice article 'The Vision, Insight, and Influence of Oswald Veblen' by Steve Batterson, it answers many of our questions on the development of American mathematics in early 20th century. We would like to share the story and analyze its meaning for the development of Korean Mathematics of 21st century.

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