• Journal of Gifted/Talented Education
• /
• v.16 no.1
• /
• pp.21-42
• /
• 2006

The object of this research is to analyze the contents and amount of articles on gifted education in major daily newspapers dated January 1990 to December 2003, and to review the trend of social perception of gifted education with the passage of time. Following are the research question : 1. How many articles belonging to the same category appeared in the newspapers within the period of time covered by the study? 2. What kinds of articles appeared in the newspapers within the period of time covered by the study? To arrive at the answers to the problems mentioned above, 714 articles on gifted education. The period from 1990 to 2003 were divided into time frames of 5 years to facilitate the analysis of social consciousness regarding gifted education before and after the enforcement of the Early School Entering Law in 1995 and the Law for Promotion of Gifted Education in 2000. The researcher defined Period I as the years from 1990 to 1994, Period II from 1995 to 1999, and Period III from 2000 to 2003. The articles were classified by content which were significance and trend of gilled education, current policies on gifted education, information on gifted education, and social environment of gifted education. The results of the analysis are as follows: (1) The articles from 1990 to 2003 totalled 714. 130 articles were found within Period I, 213 within Period II, and 371 within Period III. Since the year 2000, when the Law for Promotion of gifted education was enforced, the amount of articles considerably increased. The articles on the trend of gifted education numbered 42 within Period I, 49 within Period II, and 81 within Period III, showing a huge increase in the last period. The articles on current policies numbered 56 within Period I, 77 within Period II, and 143 within Period III, numbering the most in the last period. This means that, even before the Law for Promotion of gifted education was enforced, there has been much interest in and discussion of the appropriate educational system for gifted children in preparation for the legal and institutional foundation of such system. Since the enforcement of the law, many institutions were established and the problem became an important social issue. The articles that most frequently appeared were about current policies on and status of gifted education. This category showed the largest numbers through all the three periods and on all the subjects. This subject represented 43.1% of the articles on gifted children within Period I, 36.2% within Period II, and 38.6% within Period III. As to the significance and trend of gifted education, this subject showed a decrease from 32.3% within Period I, 23% within Period II, and 21.8% within Period III. However, the articles in the category of information on gifted education gradually increased from they represented 5.4% of the articles on brilliant children within Period I, 7.5% within Period II, and 8.4% within Period III. The social environment articles showed an increase from Period I to Period II-- from 19.2% to 33.3%, but it went down to 31.3% within Period III. (2) As to articles on the trend of gifted education, there were many such articles found, mainly on researches and trends in other countries. As greater importance is accorded to gifted children and as the recognition of the necessity of providing specific education for them grows, more related studies are conducted and people try to adopt new trends from other countries. For the articles on the current policies of gifted education, most of them were about institutions. This means that many educational institutions have been established since the Law for Promotion of Gifted Education was enforced. Informative articles on gilled education were mostly about distinctive features of gifted children and how to tell who the brilliant children are. This fact shows the importance of identifying gifted children in order to educate them systemically and effectively.

• Journal of Arbitration Studies
• /
• v.21 no.2
• /
• pp.27-46
• /
• 2011

In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

• Journal of Arbitration Studies
• /
• v.18 no.2
• /
• pp.103-127
• /
• 2008

This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.25 no.2
• /
• pp.147-164
• /
• 2014

The purpose of this research is to study the ways to vitalize of the reading culture program for workers through the expansion of the program centering around companies which was previously limited to libraries and the related organizations. In order to do this, related advanced research and references are considered and workers' demands regarding the Reading Culture Program is studied by means of research. The result of the research made it available to examine the enforcement demands, the psychic want to be healed through bibliotherapy, emotional problems, operation period and hours, needs for improvement of reading culture. As an example, Shi-Heung Smart Herb (Shi-Hwa industrial complex) implemented the type of the program, its components, and the analysis of the participants' needs by managing the Reading Culture Program targeted towards workers in the district. Through this study, it was evident that Reading Culture Program for Workers should be expanded mainly around public libraries, and that it needs the cooperations' change in recognition and enthusiastic participation. Also, the participation demand of each individual worker and basic reading ability are required, as well as institutional support of companies and public institution.

• The Journal of Bigdata
• /
• v.8 no.1
• /
• pp.11-22
• /
• 2023

This research aimed to examine the public's perception of the "rate of sentence reduction for reasons of mental and physical weakness" and investigate if it aligns with the actual practice. Various sources, such as the Supreme Court's Courtnet search system, the number of mental evaluation requests, and the number of articles and comments related to "mental weakness" on Naver News were utilized for the analysis. The findings indicate that the public has a negative opinion on reducing sentences due to mental and physical weakness, and they are dissatisfied with the vagueness of the standards. However, this study also confirms that the court strictly applies the reduction of responsibility for individuals with mental disabilities specified in Article 10 of the Criminal Act based on the analysis of actual judgments and the number of requests for psychiatric evaluation. In other words, even though the recognition of perpetrators' mental disorders is declining, the public does not seem to recognize this trend. This creates a negative impact on the public's trust in state institutions. Therefore, law enforcement agencies, such as the police and prosecutors, need to enforce the law according to clear standards to gain public trust. The judiciary also needs to make a firm decision on commuting sentences for mentally and physically infirm individuals and inform the public of the outcomes of its application.

• The Journal of Society for e-Business Studies
• /
• v.25 no.4
• /
• pp.15-32
• /
• 2020

Increasing uncertainties in the technological innovation environment and increasing technology competition also present new challenges in terms of industrial technology security. Therefore, the purpose of this study was to identify the direction of policy change necessary for the improvement of related policies in the future by examining the importance and implementation of the government's industrial technology security support policies for small and medium-sized enterprises engaged in industrial technology innovation activities. As a result of the analysis, first of all, small and medium-sized enterprises that responded to the government's industrial technology security support policy were perceived to be less performing than the importance of the program. These results can be said to mean that selective budget expansion for related policy programs may be necessary, along with efforts to improve the quality of each program. Second, an analysis of the differences in group recognition between new technology certification firms and industrial technology verification(certification) companies showed that significant differences exist between groups for the program. These results suggest that more effective operation of the relevant policies may require policy enforcement in consideration of the level of security and will of each company in industrial technology, as much as the quantitative characteristics of the entity. This study is meaningful in providing the necessary policy directional basic information for the design and execution of more specific and effective industrial technology security policies by presenting empirical research results that domestic small and medium-sized enterprises are aware of about the government's industrial technology security policies.

• Korean Security Journal
• /
• no.16
• /
• pp.161-187
• /
• 2008

The purpose of this study is to suggest a development method of current Korean security system by analyzing the problems shown in the performance of security work in relation to the terrorism, which is enlarging in the word, from various aspects. In order to perform the study, the researcher considered the basic theory concerned to current Korean law concerned to security, principle and methodology of security, terror and new terrorism. The researcher performed the study by selecting qualitative case study focused on Park Geun-Hye case. Through the study, the methods to develop Korean security system are as follows. First, from the legal aspect, it is necessary to establish the law concerned to terrorism prevention and important person security. Moreover, it is necessary to search for the development of private security by revising Security Industry Act, which is a legal ground of private security. Second, it is necessary to improve and reinforce education & training program, which is not still divided in detail from the aspect of private security cultivation. Moreover, it is necessary to activate personal protection work and enlarge market through Security Industry Act and make an effort to change social recognition over security, which is devaluated in the society. From the viewpoint, national license about private security shall be adopted. The department of president security, which is a representative of official security, shall transfer the advanced technology to private security organization. Third, from the aspect of operation, the operation of security based on SCE principle, human shield principle, the nearest person's protection principle, body extension principle, linear protection principle and evacuation priority principle is required. Therefore, the priority shall be given to preventive security and thorough security plan shall be made for the operation.

• Journal of Preventive Medicine and Public Health
• /
• v.26 no.1 s.41
• /
• pp.1-19
• /
• 1993

Mail questionnaire was administrated to 370 practising physicians and 388 pharmacists in Taegu city selected by systematic sampling to examine utilization states and opinion of pharmacy under medical care insurance programme and the attitude to the functional division between physicians and pharmacists from April to May 1992. Regarding the opinion on the outcome of drug-store under medical insurance, 71.2 percent of practicing physician answered faliure but 13.4 percent of practicing pharmacists answered failure in contrast. Fifty percent of practicing physician asserted introducing functional division between physician and pharmacist while 66.9 percent of practicing pharmacist answered drug-store under medical insurance itself is sucessful programme. Average daily numbers of preparation of medicine was 32.2 case. Percentage of utilization of drug-store under medical issurance to average daily cases of preparing of medicine was 20 percent, percentage of utilization with physician's prescription was 0.7 percent. And 58.7 percent of practicing physician experienced outside the institute prescription. Regarding the opinion on the pros and cons of enforcing functional division between physician and pharmacist, 59.2 percent of practicing physician prefered pros and 17.7 percent cons, but 38 percent of practicing pharmacist prefered pros and 45.5 percent cons. And pharmacist knew better the content of functional division between physician and pharmacist than physician. As a reason for pros of enforcing functional division between physician and pharmacist, practicing physician emphasized to prevent misuse or abuse of medicine but practicing pharmacist emphasized to display physician and pharmacist's professional ability. And as an opinion on implementation style of functional division between physician and pharmacist in pros respondents, practicing physician favored mandatory enforcement (52.3%), while practicing pharmacist favored partial incomplete functional division (81.7%). As the method of prescription if functional division between physician and pharmacist will be enforced, both practicing physician and pharmacist prefered generic name (44.0%, 89%) mostly, but physician prefered brand name (35.3%) secondly. Regarding the reason for not implementing functional division between physician and pharmacist up to date, both physician and pharmacist answered problem of business right between physician and pharmacist, followed by lack of recognition, and interest of people and lack of the govermental willness. Regarding the opinion on prior decision of condition for enforcing functional division between physician and pharmacist, practicing physician and pharmacist named uneven distribution of medical facilities and drug-store between rural and urban, inequality of physician and pharmacist manpower and the problem of manpower demand and supply mostly, and practicing physician pointed out establishing attitude of acceptance on the part of pharmacist and practicing pharmacist favored establishing attitude of acceptance on the part of physician, which was different attitudes between physician and pharmacist. Following conclusion was reached ; 1. Current drug-store under medical insurance program yield insufficient outcome, so we should consider program conversion from drug-store under medical insurance program to functional division between physician and pharmacist. 2. There were problem of business right and conflicts between physician and pharmacist at enforcing functional division between physician and pharmacist, so the goverment should search for formulating plan to resolve the problem and have neutral willness for the protection of the national health.

• Journal of Arbitration Studies
• /
• v.30 no.2
• /
• pp.91-120
• /
• 2020

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

• Journal of Korean Academy of Nursing Administration
• /
• v.1 no.2
• /
• pp.246-267
• /
• 1995

Recently the request of the patients to participate in the medical courses has been expanding due to the elevated sense of right on the people's health, merchandised medical treatment by mass supply, human right declaration of the patients, generalized medical informations by the mass media and the change of human relation between the medical personnels and the patients. Under these phenomena the patients have been in the thought of solving such accidents only by regulation of the laws which they think to be all powerful, Such trends are same in the area of nursing service. Also today the accident by the nurses have been increasing by the area of the nurses having been expanded and their independent roles having been increased. Such nursing accidents are the important subject which the professional occupation of the nurse has been facing but legal protective capability of the nurses has been very weak. Therefore this study has examined the degree of the experience of the nursing accident that happens in the clinical nursing scenes in the general hospital to provide the basic materials for the protection and the counter measures of the nursing accident. The following is the conclusion based by the above examination. 1) The experience degree of the whole nursing accidents has been appeared as 1.90 in average. And the degree according to service area has been 1.77 in the area of supervising management of patients, 1.54 in the area of the same management of patients by head-nurses, 1.84 in the area of doctors' treatment performances, 14 in the enforcement and education areas of the nursing technology, 2.04 in the area of observing patients and judgement and 2.07 in the area of nursing records and maintaining confidentials. Accordingly there has been higher degree of accidental experiences in the independent service areas of the patients than in the dependent ones directed by the doctors. 2) The perception of the nurses showed that the cause of the nursing accident has been due to the heavy work of the nurses with the 60.4% of the response rate, the highest rate. They report the accident to the head nurse first by 2/3 nurses after accident. And the hour of the accident has been frequently happened regardless of service hours with 48.1% in response rate, the highest rate, and the nursing accident happens in the night more than the daytime with the rate of 37.5% at night while 14. 4% daytime. 3) The nurses are in the perception that the patients are responsible for the accident with 48.2% response rate while 43.9% rate in response showed that it has been caused by many people. They are in the perception that 41.7% when the nursing power was lacking, 46.7% lower recognition of actual state about indivitual patient in the section of technical speciality and 35.8% when the patients were not cooperative and 37.8% when the wards were dirty and in disorder. 4) the attitude of the patients after the various nursing accidents has been violent words in 72.7%, violence in 17.4% and 3.9% in attending the court by the sue of the patient's side(18 nurses). 5) The action of the hospital has been : requesting the submission of the story of the accident in 22.8%, the report of the accidents in 14.4%, thus the written statement disposal was most, 4.5% was the transfer to the other departments when the accident was larger or the patients' guardians protested strongly and 0.6% of the dismissals of the nurses. 6) In regard to the responsiblity of the nurse accidents, 78.9% was the highest rate of supplying the nursing manpowers, 48.4% of mutual cooperation of the medical personnels, 37.2% of strengthening the education for the nurses and hospital facilities reformation in 32.7%. 7) The review of relation between the general characters of the object of the study and the degree of experience of nursing accidents showed the significant differences in ages (F=4.04, p=0.000).