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Problems on the Arbitral Awards Enforcement in the 2016 Korean Arbitration Act (2016년 개정 중재법의 중재판정 집행에 관한 문제점)

  • Yoon, Jin-Ki
    • Journal of Arbitration Studies
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    • v.26 no.4
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    • pp.3-41
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    • 2016
  • This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

A LONGITUDINAL STUDY OF THE ACHIEVEMENT AND EFFECTS OF THE SCIENTIFICALLY GIFTED STUDENTS WHO HAVE TAKEN A ULTRA HIGH SPEED ACCELERATED EDUCATION FOR THE EARLY ENTRANCE OF KAIST (KAIST 조기진학을 위해 초고속 속진학습을 받은 과학영재들의 성취정도와 효과에 대한 종단연구)

  • Yuk, Keun-Cheol;Moon, Jeong-Hwa
    • Journal of Gifted/Talented Education
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    • v.14 no.2
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    • pp.1-18
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    • 2004
  • This study attempted to survey the present status of the eight students who, 17 years from now, had participated in a special program for 170 days preparing for early entrance to the KAIST. With six students who responded to the questionnaire previously sent, the study focused on each participant's achievement at present, his evaluation on Accelerated Education, his personal opinions on early entrance to university and Gifted Science Education. From the survey, we could find out that three participants had received a doctorate and they are currently working as researchers at research center or professors at university. The other three participants are working as researchers at research center after receiving the M. S. Academic achievements vary according to each participant, but three of them, who ranked high in research achievement, had their articles published in international journals of the SCI level even when they were between 25 and 28 of age. Two of them in particular showed outstanding engineering and developing the commercial modem for IMT 2000 for the first time in Korea. One participant entered Harvard University to major in physics and afterwards studied the law in UCLA. He is now a professor in the law department. Concerning the evaluations on Accelerated Education and early entrance system, four participants answered positively while two participants expressed negative attitudes. When asked their opinions on the Gifted Education in Korea, such problems were pointed out as too much pressure of entering the first-class universities, the tendency to avoid choosing science-related major at universities, the lack of education system that encourages creative thinking, etc. It is necessary that the accelerated education play an important role to maximize their hidden potentials. It remains to be seen in what places these six participants will find themselves and of what ideas they will come up within the next 17 years. It will be worthwhile to wait until then for another survey.

Analysis of Grievance Handling for Medical Consumers: the Case of Dental-Care Institutions (치과진료기관의 고객 불만처리에 관한 실태분석)

  • Kim, Jin;Han, Ji-Hyoung
    • Journal of dental hygiene science
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    • v.7 no.3
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    • pp.147-152
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    • 2007
  • The purpose of this study was to examine how dental-care institutions responded to discontented customers and how much they provided grievance service and tried not to displease customers. After a survey was conducted on dental-care institutions from January 20 through February 20, 2007, the answer sheets from 206 respondents were analyzed with SPSS WIN 12.0 program, except four incomplete ones. The findings of the study were as follows: 1. 32.5 percent of the respondents were aware of grievance service, and 64.6 percent actually provided no grievance service. 94.7 percent had ever met customers who made a complaint. 2. The most common grievance of medical consumers was that it took long time to receive treatment and to wait for it. The second most dominant complaint was that the treatment they received was beyond the coverage of health-care insurance(30.6%). An insufficient medical explanation was the third most common grievance(6.3%), followed by excessive medical bills(5.8%). The most dominant number of monthly grievance case was one to ten(91.3%). As for how customers voiced their complaints, the largest number of customers talked employees about that in person(88.2%), and dental hygienists were mainly identified as a person who handled their grievance(56.8%). Concerning how the dental-care institutions responded to complaining customers, the largest number of the institutions took an immediate action(34.5%), and the second largest group took a measure after investigating the disposition of discontented patients(30.0%). The third greatest group just made an excuse(11.1%), and the fourth greatest group directed active efforts into taking care of complaining customers by offering grievance service (7.0%). 3. The dental-care institutions got a mean of 3.02 in grievance handling. The institutions that dental hygienists were in charge of grievance handling statistically significantly better responded to discontented customers than the others that receptionists were in charge of that(p < .01). The institutions that had no monthly grievance cases took care of discontented customers statistically significantly better than the institutions that faced one to ten grievance cases or 11 or more cases (p < .05). 4. The dental-care institutions got a mean of 2.59 in providing service of preventing customers from being dissatisfied. The institutions located in Seoul, Incheon and Gyeonggi province provided statistically significantly better service of that kind than the others located in the other regions(p < .01). And the dental-care institutions that dental hygienists were in charge of grievance handling offered statistically significantly better service of that kind than the dental-care institutions that receptionists were in charge of it(p < .05).

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The Characteristics of the Exhibits in Science Centers and Students' Perceptions About the Exhibits -In the Case of 3 Science Centers in Seoul- (과학관 전시물의 특징과 학생들의 전시물에 대한 인식 -서울시 소재 3개 과학관을 중심으로-)

  • Kim, So-Hee;Song, Jin-Woong
    • Journal of The Korean Association For Science Education
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    • v.23 no.5
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    • pp.544-560
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    • 2003
  • The purposes of this study were (1) to investigate the characteristics of the exhibits at three representative science centers or museums in Seoul, and (2) to analyse students' perceptions about the most and the least favorite exhibits selected by students as visitors. Three science centers investigated were Seoul National Science Museum, Seoul Education & Science Research Institute, LG Science Hall. The subjects for students' perception survey were 290 middle school students who visited the three science centers. The investigation of the exhibits showed that the goals, the contents, the visitors' viewing and manipulating activity types, and the explanation types of the exhibits depended on the purposes and the target visitors of each science center. Students' responses indicated that they most favored hands-on exhibit. And students preferred the exhibits that had new and comprehensible contents and the were related to what they had learned in school. Students said that they felt that science was exciting and that they came to experience what they did not do in school. Students said that reading or hearing given explanations was helpful to understand the exhibits, but about 20% of the students responded that they did not read explanation on panels at all. Students also said that guide's oral explanations were more understandable than written explanations on panels. Some of the students commented that having to wait for access because of crowds or because of the resetting time required for hands-on activities was inconvenience.

Chinese Maritime Dispute Strategy for territorialization in Korea's West Sea (중국의 한국 서해 내해화 전략 분석)

  • Lee, Eunsu;Shin, Jin
    • Maritime Security
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    • v.5 no.1
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    • pp.113-136
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    • 2022
  • China has been pushing for a systematic strategy for territorialization over a long period of time to invade Korea's West Sea (Yellow Sea) in order to create China's territorial water. China's strategy for territorializing the West Sea is an activity in which China curbs the use of South Korea and enforces the illegal use of China in order to dominate the West Sea exclusively. China aided Chinese fishing boats that engaged in illegal fishing in Korea's jurisdiction as a means to territorialize the West Sea, and is opposed to combined exercise and training of Korea and the United States Naval Forces in the West Sea, while intentionally entering KADIZ(Korea Air Defense Identification Zone). In addition, Beijing used 'scientific exploration and research' measures as a pretext for its strategies in order to encroach on Korea's West Sea. China is carrying out such work to announce to the world that China is a systematic and organized country while consistently attempting to dominate the West Sea. China's activities in the West Sea seriously infringe South Korea's sovereignty. In order to respond to China's strategies of territorialization in the West Sea stated above, I analyzed the rejection effect of the ROK-US combined military training in the West Sea and presented a 'proportional response strategy centered on the ROK-US combined forces'. Korea should be able to respond proportionally to China's activities in the seas around the Korean peninsula, and Korea should be able to neutralize China's attempt to a Fait Accompli. In addition, just as China installs buoys in the Korea-China Provisional Measures Zone, Korea should be able to install and actively utilize some devices in the West Sea and for the use of free and open West Sea. Korea should not just wait for the tragic future to come without preparing for China's gradual and long-term strategy, and Seoul needs to respond to China's maritime policy in the West Sea with a more active attitude than it is now. China has historically taken a bold and aggressive response to neighboring countries that are consistent with a passive attitude, on the other hand, Beijing has taken a cautious approach to neighboring countries that respond with an active attitude. It should not be forgotten that Korea's passive response to the Chinese strategy in the name of a 'realistic approach' such as Korea's economic dependence on China for economy will result in China's success for territorialization of the West Sea.

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THE EFFECT OF IRRADIATION MODES ON POLYMERIZATION AND MICROLEAKAGE OF COMPOSITE RESIN (광조사 방식이 복합레진의 중합과 누출에 미치는 영향)

  • Park, Jong-Jin;Park, Jeong-Won;Park, Sung-Ho;Park, Ju-Myong;Kwon, Tae-Kyung;Kim, Sung-Kyo
    • Restorative Dentistry and Endodontics
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    • v.27 no.2
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    • pp.158-174
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    • 2002
  • The aim of this study was to investigate the effect of light irradiation modes on polymerization shrinkage, degree of cure and microleakage of a composite resin. VIP$^{TM}$ (Bisco Dental Products, Schaumburg, IL, USA) and Optilux 501$^{TM}$ (Demetron/Kerr, Danbury, CT, USA) were used for curing Filtek$^{TM}$ Z-250 (3M Dental Products, St. Paul., MN, USA) composite resin using following irradiation modes: VIP$^{TM}$ (Bisco) 200mW/$\textrm{cm}^2$ (V2), 400mW/$\textrm{cm}^2$ (V4), 600mW/$\textrm{cm}^2$ (V6), Pulse-delay (200 mW/$\textrm{cm}^2$ 3 seconds, 5 minutes wait, 600mW/$\textrm{cm}^2$ 30seconds, VPD) and Optilux 501$^{TM}$ (Demetron/Kerr) C-mode (OC), R-mode (OR). Linear polymerization shrinkage of the composite specimens were measured using Linometer (R&B, Daejeon, Korea) for 90 seconds for V2, V4, V6, OC, OR groups and for up to 363 seconds for VPD group (n=10, each). Degree of conversion was measured using FTIR spectrometer (IFS 120 HR, Bruker Karlsruhe, Germany) at the bottom surface of 2 mm thick composite specimens V2, Y4, V6, OC groups were measured separately at five irradiation times (5, 10, 20, 40, 60 seconds) and OR, VPD groups were measured in the above mentioned irradiation modes (n=5 each). Microhardness was measured using Digital microhardness tester (FM7, Future-Tech Co., Tokyo, Japan) at the top and bottom surfaces of 2mm thick composite specimens after exposure to the same irradiation modes as the test of degree of conversion(n=3, each). For the microleakage test, class V cavities were prepared on the distal surface of the ninety extracted human third molars. The cavities were restored with one of the following irradiation modes : V2/60 seconds, V4/40 seconds, V6/30 seconds, VPD , OC and OR. Microleakage was assessed by dye penetration along enamel and dentin margins of cavities. Mean polymerization shrinkage, mean degree of conversion and mean microhardness values for all groups at each time were analyzed using one-way ANOVA and Duncan's multiple range test, and using chi-square test far microleakage values. The results were as follows : . Polymerization shrinkage was increased with higher light intensity in groups using VIP$^{TM}$ (Bisco) : the highest with 600mW/$\textrm{cm}^2$, followed by Pulse-delay, 400mW/$\textrm{cm}^2$ and 200mW/$\textrm{cm}^2$ groups, The degree of polymerization shrinkage was higher with Continuous mode than with Ramp mode in groups using Optilux 501$^{TM}$ (Demetron/Kerr). . Degree of conversion and microhardness values were higher with higher light intensity. The final degree of conversion was in the range of 44.7 to 54.98% and the final microhardness value in the range of 34.10 to 56.30. . Microleakage was greater in dentin margin than in enamel margin. Higher light intensity showed more microleakage in dentin margin in groups using VIP$^{TM}$ (Bisco). The microleakage was the lowest with Continuous mode in enamel margin and with Ramp mode in dentin margin when Optilux 501$^{TM}$ (Demetron/Kerr) was used.