• Title/Summary/Keyword: Mediation System

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A Study on the Influence of the Packaging System-related Institutional Approach on Logistics Efficiency (Focusing on Retail Ready Packaging System)

  • Jung, Sung-Tae
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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    • v.26 no.3
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    • pp.155-163
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    • 2020
  • This paper conducted a study on the operation plan of the packaging system to enhance the logistics efficiency between the manufacturer and the distributor, whose prior research in the relevant field was insignificant. By identifying problems and improvements in the operation of the packaging system between domestic manufacturers and distributors through the Retail Ready Packaging. The institutional aspects were investigated to confirm that the mediation role of government and social organizations was required to resolve issues (χ2 = 148.916, p < 0.001), and that guidelines that gathered diverse opinions for the rational operation of the packaging system were essential, while institutional aspects are needed to be supplemented to be willing to improve logistics efficiency (χ2 = 95.781, p < 0.001). In this study, even though the difference in perception between manufacturers and distributors is clear and the issue related to the operation of the packaging system is ongoing, if there is no effort to grasp the issue, the opinions between manufacturers and distributors will be left at odds and could become a social problem. Unnecessary interference from government and social organizations should be excluded, but the level of mediation to support win-win management in order to promote logistics standardization and reduce CO2 and national logistics costs can be explained as a catalyst for improving logistics efficiency through reasonable operation of the packaging system.

Environmental Disputes and Arbitration Systems (환경분쟁과 중재제도)

  • Kang Jae-Gyeu
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.163-196
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    • 2005
  • In modern society, there is given rise to a lots of environmental controversies. This disputes bring about the social problems. The reason that this kinds of dispute is frequently brought in our society is that our society is democratized and a nation asserts his rights strongly. And also the reason is that there is not enough the legal system which is able to settle such a dispute amicably. Thus this thesis deals with the arbitration systems as the way to solve the dispute of environmental problems. This paper is composed as follows. 1. Introduction 2. The cause of trouble still exists in our society related to environmental controversy 3. A general settlement procedure of environmental disputes 4. Administrative grievance mediation 5. Environmental disputes and arbitration systems 6. Conclusion

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A Study on the Current Operation and Activation of Online Alternative Dispute Resolution (온라인 ADR의 운영현황과 활성화 방안에 관한 연구)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.91-116
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    • 2008
  • E-Commerce constitutes an important part of all commercial activities. Online Alternative Dispute Resolution(Online ADR) or Online Dispute Resolution(ODR) is a new method of dispute, resolution which, is provided online. Most Online ADR services are alternatives to litigation. In this respect, they are the online transposition of the methods developed in the ADR movement such as negotiation, mediation and arbitration. But there are also online courts which are really normal courts in which the contesting parties communicate essentially online. This paper deals with the current operation of Online ADR and the ways to, activate it. They include (1) die establishment of legal stability regarding Online ADR, (2) the enhancement of system security in providing Online ADR services, (3) the introduction of Online ADR service platform for providing the various services through single window on a national, or global basis, and (4) the introduction of Online ADR online monitoring system for systematic dispute resolution services.

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An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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Implementation and Design of XML Data Processing System for EC (전자상거래를 위한 XML 데이터 처리 시스템 설계 및 구현)

  • 김철원
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.7 no.4
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    • pp.750-757
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    • 2003
  • Many issues about portability and extension of system converting and exchanging information using XML standard data are being studied currently. This paper proposes design using XML processing layer for mediation between client and server to solve the development cost problem for compatibility and extension of client/server environment. This maintains mediation role for programming development between client and server and increases extension of system and portability of hetero geneous environment. This paper implements and designs XML data processing system for EC using XML DB among hetrogeneous databases. We expect cost-down by maintenance of system using this architecture for electronic commerce.

A Study on Dispute Resolution Procedures under the German Consumer Alternative Dispute Resolution Act (독일의 대체적 소비자분쟁해결법상 분쟁해결 절차에 관한 연구 -분쟁조정인의 법적 지위와 역할을 중심으로-)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.32 no.1
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    • pp.71-91
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    • 2022
  • The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

Learning Mathematics with CAS Calculators: Integration and Partnership Issues (CAS계산기를 활용한 수학학습)

  • Thomas Michael O. J.;Hong Ye Yoon
    • Journal of Educational Research in Mathematics
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    • v.15 no.2
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    • pp.215-232
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    • 2005
  • Computer algebra system (CAS) calculators are becoming increasingly common in schools and universities. While Hey offer quite sophisticated mathematical capability to teachers and students, it is not clear at present how they may best be employed. In particular their integration into students' learning and problem-solving remains an issue. In this paper we address this issue through the lens of a study that considered the introduction of the TI-89 CAS calculator to students about to enter university. We describe a number of different aspects of the partnership they formed with the calculator as they began the process of instrumentation of the CAS in their learning.

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A Mediation Model among the Entrepreneurial Orientation, Market Orientation and Business Performance of Non-Profit Organization (비영리조직의 기업가지향성과 시장지향성 그리고 경영성과 간의 매개모형)

  • Hong, Jin-Hyuk;Cho, Dong-Hwan
    • Proceedings of the KAIS Fall Conference
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    • 2011.12a
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    • pp.78-81
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    • 2011
  • The main object of this study is explore to be consider a mediation model on the entrepreneurial orientation, market orientation, and business performance of the non-profit organization in the Western Gyeongnam and Busan Regions of South Korea. As a result, the $H_1$ was not shown to significantly the financial performance, and From $H_2$ to H8 was adopted to be effect on the variable. This study will be able to become data that is suitable system introduction in various field of Not-Profit organization and sector.

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Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.153-185
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    • 2020
  • In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

A Study on the Factors Influencing the Performance of FinTech Platform (핀테크 플랫폼의 성과에 영향을 미치는 요인 연구)

  • Xian, Feng Si;Um, Hyemi
    • Journal of Information Technology Applications and Management
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    • v.28 no.2
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    • pp.1-16
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    • 2021
  • In recent years, as IT technologies such as cloud computing and mobile payment have evolved and Internet users have increased, the Internet financial market has become intelligent, mobile, and platformed. This study considers the impact of the psychological characteristics of platform systems and users on the performance of fintech platforms. The results of this study are as follows. Information quality affected trust and commitment, service quality affected commitment only, and system quality affected trust and commitment. The perceived risk affected trust and commitment, and the perceived benefit only affected trust and was shown to have an insignificant relationship with immersion. Trust has been shown to have a significant relationship with commitment, and both trust and commitment affected performance. In the validation of mediation effects, trust has shown a partially mediated effect between information quality, system quality, perceived risks, and perceived benefits and performance. There was no mediation effect between service quality and performance. Immersion has been shown to have a partial mediating effect between information quality, service quality, system quality, perceived risk and performance, and there is no mediating effect between perceived benefits and performance. This study showed what are the main factors that affect the performance of the fintech platform and will be used as a useful foundation for increasing the performance of the platform in the future.