• Title/Summary/Keyword: Public conflict

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Practical Implications in the Setting Aside and the Refusal of Enforcement of Arbitral Award - Focusing on the Public Policy - (중재판정의 취소와 집행거부에 따른 실무상의 유의점 - 공서위반을 중심으로 -)

  • Oh, Won-Suk;Kim, Yong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.101-124
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    • 2007
  • This paper purposes to examine the setting aside and the refusal of enforcement of arbitral awards and their implications for practitioners. The aim of challenging an award before a national court at the seat, or place, of arbitration is to have it modified in some way by the relevant court, or more usually, to have that court declare that the award is to be disregarded (i.e. "annulled" or "set aside") in whole or in part. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable, not only by the courts of the seat of arbitration but also by national courts elsewhere. This is because, under both the 1958 New York Convention and the UNCITRAL Model Law, the competent court may refuse to grant recognition and enforcement of an award that has been "set aside" by a court of the seat of arbitration. The New York Convention set out various grounds for refusal of recognition and enforcement of an arbitration award. The provisions of the Model Law governing recognition, enforcement or setting-aside of awards are almost identical to those set out in the Convention. Especially, the New York Convention and the Model Law state that an arbitral award may be refused and set aside if a national court of the place of arbitration finds that the award is in conflict with the public policy of its own country. Each state has its own concept of what is required by its "public policy". It is possible to envisage, for example, a dispute over the division of gaming profits from a casino. In many states, the underlying transaction that led to the award would be regarded as a normal commercial transaction and the award would be regarded as valid. Indeed, it is a consistent theme to be found in the legislation and judical decision of many countries. If a workable definition of "international public policy" could be found, it would provide an effective way of preventing an award in an international arbitration from being set aside and refusal for purely domestic policy consideration.

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A Study on Public Policy through Semantic Network Analysis of Public Data related News in Korea (국내 공공데이터 관련 뉴스 의미망 분석을 통한 공공정책 연구)

  • Moon, HyeJung;Lee, Kyungseo
    • Journal of Broadcast Engineering
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    • v.23 no.4
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    • pp.536-548
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    • 2018
  • Public data has been transformed from provider-oriented information disclosure to a form of personalized information sharing centered on individual citizens since government 3.0. As a result, the government is implementing policies and projects to maximize the value of public data and increase reuse. This study analyzes the issues related to public data in the news and seeks the status of government agencies and government projects by issue. We conducted semantic analysis on domestic online news and public agency bidding information including public data and conducted the work of linking major key words derived with social and economic values inherent in public data. As a result, major issues related to public data were divided into broader access to public data, growth of new technology, cooperation and conflict among stakeholders, and utilization of the private sector, which were closely related to transparency, efficiency, participation, and innovation mechanisms. Also major agencies of four issues include the Ministry of Strategy and Finance and Seoul, Ministry of Culture, Sports and Tourism and Gyeonggi-do, Ministry of Trade, Industry and Energy and Incheon, and Ministry of Land, Infrastructure and Transport and Gyeongsangbuk-do. Most of the issues are being led by the government.

The Study on the Family-Friendly Organizational Culture for Enhancing the Job Engagement of the Married Female Social Worker in the Social Welfare Organization (사회복지기관 기혼 여성 사회복지사의 일과 가정 양립을 위한 가족 친화적 조직문화에 대한 연구)

  • Song, Yoomee;Lee, Sunja;Lee, Jesang
    • Korean Journal of Social Welfare
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    • v.65 no.4
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    • pp.317-340
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    • 2013
  • The modern society has undergone the fast change of the family structure and labor market. Particularly, the compatibility of work and family life became the era's agenda while the labor force participation rate of the women increased. However, the family-friendly organizational culture was not created and the job engagement of the married female workers was decreased. The married female workers complained of suffering due to the work and family conflict. This research was conducted to study a relationship between family-friendly organizational culture and job engagement of married female social workers, and secondly to investigate if family conflict affect the relationship. From the results of the study, it was known that family-friendly organizational culture has effect on the job engagement, and work and family conflict play an intermediary role between the organizational culture and job engagement. Therefore, it can be explained that family-friendly organizational culture enhances the job engagement of married female social workers, and the culture would be a good measure of the compatibility of work and family life. Based on the study, it is suggested that public relation and education need to be preceded for the spread of family-friendly organizational culture by national initiated programs. Secondly, in terms of welfare organization, related regulations and guidelines need to be prepared, and thirdly, in the view of individual respect, members of family should have their own rights to put forth an opinion grandly with firm faith of the compatibility of work and family life.

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Relationship Between Organizational Conflict and Job Satisfaction in Administrative Staff of University Hospitals (대학병원 행정직 종사자들의 조직갈등과 직무만족도와의 관련성)

  • Shin, Hee-Jung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.7
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    • pp.233-243
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    • 2020
  • This study determined the relationship between organizational conflicts and job satisfaction of administrative staff members employed in university hospitals. The sample consisted of 232 hospital administrators working at four different college hospitals located in D city. The survey was conducted using a self-administered questionnaire during the period from January 10th 2019 to February 15th 2019. As a result of the study, the job satisfaction levels were significantly different according to age, education, BMI, subjective sleep evaluation, subjective health status, job position, monthly income, physical burden of work, sense of satisfaction at work, fit to the job and consideration to quit the job. The job satisfaction levels according to the organizational conflicts were significantly lower with higher organizational conflicts. Further, the job satisfaction level showed a significant negative correlation with organizational conflicts. The risk ratio of lower job satisfaction significantly increased for the group with higher organizational conflict scores than that of the group with lower organizational conflict scores. The results suggest that job satisfaction of administrative staff at university hospitals is significantly related with organizational conflicts. It is necessary to present specific measures to resolve conflicts within an organization in order to enhance job satisfaction for administrative staff at university hospitals.

A study on work-family compatibility of female wage workers with underage children

  • Kang, Myung-Hee
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.6
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    • pp.171-181
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    • 2020
  • This is an empirical study that analyzes factors affecting the work-family compatibility of female wage workers with underage children. The analysis was conducted with 1,113 women from the 7th wave of the Korean Longitudinal Survey of Women & Families by Korean Women's Development Institute. As for research methods, multiple regression analysis was used in order to analyze the effects of 'social support(home support, maternity protection support, childcare and education services)', 'job characteristics', 'socio-demographic variables' and 'husband characteristics' on 'work-family compatibility and conflict'. As a result, it was analyzed that the husband's support for work life, gender inequality at work and women's educational training were the factors that strengthen work-family compatibility. It was also analyzed that gender inequality, use of childcare and education facility, number of underage children, age of husband, husband's satisfaction with caring support and husband's support for work life were the factors that cause conflict between work and family. Thus, if the policy of strengthening the work-family compatibility is a long-term policy, it appears that it is necessary to supplement and strengthen policies that can reduce conflict factors in the short term. It is hoped that the results of the study will be used as objective and academic data to strengthen the maternity protection and work-family compatibility of female workers with underage children.

A study on the Legislations and Amendments of the Medical and Pharmaceutical Laws and Regulations - Focusing on the Duties of Korean (Oriental) Medicine Doctors and Korean (Oriental) Pharmacists as well as the Public Health System - (한의사·한약사 임무 및 공공제도 중심의 의약법규 제·개정 고찰)

  • Eom, Seok-Ki;Shin, Min-Seop;Kwon, Soon-Jo
    • The Journal of Korean Medical History
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    • v.26 no.2
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    • pp.175-185
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    • 2013
  • Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.

Research on the Conflicts and Future Direction of Integrative Medicine in Korea (한.양방 통합의료의 갈등과 방향에 대한 연구 - 한.양방 의료 및 관련 종사자 대상 심층면접을 중심으로 -)

  • Lim, Eun Jin;Kim, So Yun;Sohn, Myoung Sei;Choe, Pyung Nak;Oh, Byeong Sang
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.28 no.2
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    • pp.243-250
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    • 2014
  • This study examined the knowledge and understanding of integrative medicine in Korea, specifically conflicts between western and oriental medicine within Parallel (Dual) health care systems. Qualitative methodology using grounded theory guided semi-structured, in-depth interviews with Western Medical Doctors (W.M.D., n = 6), Oriental Medical Doctors (O.M.D., n = 5) and Traditional Chinese Medicine Practitioners (T.C.M.P., n = 4). Thematic analysis was used to determine broad themes from the interviews. 15 professionals (W.M.D. (40%), O.M.D. (33%), T.C.M.P. (27%), 10 males (67%) and 5 females (33%), mean age 45) were interviewed, recorded, and transcribed. Thematic analysis revealed three key themes: systematic conflicts, integration and future directions. Subthemes of systematic conflicts included: credibility of Oriental Medicine, commercial imperatives, maintaining social standing of O.M.D., professional qualifications and lack structures supporting collaborative practice. Integration subthemes included lack of academic linkage and clarity for appropriate triage, opposing medical paradigms and limited social imperative. Future directions should include: social justification, guarantee of oriental medicine legitimacy, role of government and understanding of scientific evidence. To successfully integrate dual medical systems there is a need to address differences in social-environmental factors and perceptions of scientific understanding, as well as developing strong academic links in clinical practice.

Feasibility Study of Environmental Impact Assessment as Instrument for Alternative Dispute Resolutions - Case Study: Environmental Conflicts of Mungjangdae Hot Spring Resort Development - (대체적 분쟁해결 방안으로서 환경영향평가 적용가능성 - 문장대 온천 조성사업 환경갈등 사례연구 -)

  • Hong, Sang-Pyo
    • Journal of Environmental Impact Assessment
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    • v.26 no.6
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    • pp.495-507
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    • 2017
  • The regional environmental conflicts of 'Mungjangdae Hot Spring Development Project' have still now continued from 1985. As a case study, the limitation of environmental litigation and the feasibility of EIA as Alternative Dispute Resolutions (ADR) for solving the conflict of 'Mungjangdae Hot Spring Development Project' was analysed. In order to mitigate environmental and social conflicts, the scope and time of public participation in EIA process which is democratic procedure based on scientific prediction of environmental impact need to be diversified to the extent 'Aarhus Convention', and the burden of environmental litigation need to be alleviated by the 'EIA consultation' from environmental authorities. In decision-making process related with large scale development plan and project which have enormous impact, the effectiveness of the EIA as ADR can be enhanced by applying citizen involvement in environmental governance and the various aspects of sustainability. The effective utilization of EIA public participation such as public hearing to pursue social equity can be a ESSD scheme for the implementation of SDG at regional dimension in Korea.

Work-related Stress, Caregiver Role, and Depressive Symptoms among Japanese Workers

  • Honda, Ayumi;Date, Yutaka;Abe, Yasuyo;Aoyagi, Kiyoshi;Honda, Sumihisa
    • Safety and Health at Work
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    • v.5 no.1
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    • pp.7-12
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    • 2014
  • Background: In Japan, more than 60% of employees are reported to suffer from anxiety and stress. Consequently, Japanese society has begun to address such important issues as psychogenic disability and job-related suicide. Furthermore, given the aging of society and the surge in the number of elderly people requiring care, it is necessary to adequately and proactively support employees who care for their elderly relatives. The purpose of the present study was to investigate caregiver burden in caring for elderly relatives and work-related stress factors associated with mental health among employees. Methods: We studied 722 men and women aged 18-83 years in a cross-sectional study. The K10 questionnaire was used to examine mental health status. Results: The proportion of participants with a high K10 score was 15% (n = 106). Having little conversation with their supervisor and/or coworkers significantly increased the risk of depression [odds ratio (OR) 1.8], as did high job overload (OR 2.7) and job dissatisfaction (OR 3.8), compared with employees who frequently conversed with their supervisor and/or coworkers. Caring for elderly relatives as a prominent characteristic of an employee was a significant risk factor for depression (OR 2.1). Conclusion: The present study demonstrated that employees who were caring for elderly relatives were significantly associated with an increased risk of depression. To prevent depressive disorders, it may be important to focus on reducing the work-caregiving role conflict, as well as enhancing employees' job control and better rewarding their efforts in the workplace.

Investment Ranking Decision Using MCDA in Dam Projects (MCDA 기법을 이용한 댐사업의 투자우선순위 결정)

  • Kim, Woo-Gu;Lee, Gwang-Man;Park, Doo-Ho
    • Journal of Korea Water Resources Association
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    • v.39 no.12 s.173
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    • pp.1067-1080
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    • 2006
  • In empirical evaluations of public projects and public provided goods, MCDA(multicriteria decision-making analysis) has helped decision makers with an adequate policy decision-making tool since it allows taking into account a wide range of assessment criteria. As a tool for decision-making of conflict management, MCDA has demonstrated its usefulness in many public projects such as road, dam and harbor construction. In this study, to use this merit of MCDA, dam project assessment indicators from points of social, economic, environmental and practical views are developed based on sustainable development of water resources, and weighting factors are also estimated by means of questionnaire survey. In order to decide project investment rank, developed evaluation indicators are applied to 6 existing dams under investigation for a rehabilitation project. In addition to, it is recognized that the project practicability has become more important indicator as well as environmental and social issues. This is because cooperation and support from a local government and people are regarded as one of the most important problems in public projects recently.