• Title/Summary/Keyword: arbitration system

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Religious Dispute Resolution Plans as an Alternative Dispute Resolution Plan - Focusing on Buddhist Dispute Resolution (BDR) - (대체적 분쟁해결방안으로서의 종교적 분쟁해결 방안 - 불교적 분쟁해결방안(BDR)을 중심으로 -)

  • Kim, Seongsik;Kim, Yongkil
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.135-157
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    • 2022
  • Religion has a very close relationship with our everyday lives. In particular, religion maintains an absolute and ultimate value system and is deeply associated with all sectors of society such as politics, economy, thought, arts, culture, and science. The original meaning of religion in Buddhism means the teachings that become fundamentals. There are numerous religions around the world, and each religion has its own object of faith, different system, and unique rites and lifestyles. Therefore, evaluating or denouncing other regions based on the doctrines or conventions of a specific religion can lead to conflicts and disputes. The Buddhist Vinaya Pitaka related to alternative dispute resolution (ADR) is a method regarding the operation of a community. Vinaya Pitaka contains Buddha's teachings about individual and organizational ethics and on community life and activities. It is the Buddhist dispute resolution (BDR) of the Vinayata Pitaka that contains knowledge on howto remedy disputes among the four types of disputes that can occur. Vinaya Pitaka contains the principles and systems of BDR, and it is sufficient background for succeeding in the development of harmony today. The messages of laws, ethics, and Buddhist teachings are clear in these characteristics. The systems, progress, and procedures for various rites, events, and disputes as well as for everyday life, etc. display a rational operating system through karma. In particular, when disputes occur, the cause of the dispute is resolved as much as possible through transparent fairness and being unanimous using the seven remedies for disputes. Buddhist priests pursue private autonomy of ADR through karma, repentance, acceptance, etc. to maintain and continue the integrated functions of Buddhist priest harmony.

Design and Implementation of the Internet Problem bank for the Fairness test on the Realtime Multimedia Education Environment (실시간 멀티미디어 교육에서 공정 평가를 위한 인터넷 문제 은행의 설계 및 구현)

  • 김종률;박길철
    • Proceedings of the Korea Multimedia Society Conference
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    • 2002.05d
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    • pp.797-801
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    • 2002
  • Information network technologies introduce a new education environment. Cyber education is growing rapidly as a field of practice especially in distance education system. The development of multimedia environment based on such technology as graphics, image, voice, and video, personal computer systems use has become the media for interactive teaching-teaming service. These features have made integrated multimedia education feasible. This research suggested a direction for the development of an interactive distance education system. I have developed an education system which cooperate problem bank and learning system. This system support arbitration of the relative difficulty in the problem bank database. An ongoing version of this research was evaluated. Those findings reveal several factors that influence how the proposed system can be tailored to the students' perspectives in order to come up with the enhanced version of this system.

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Application of a CAN-Based Feedback Control System to a High-Speed Train Pressurization System (CAN기반 피드백 시스템의 고속전철 여압시스템 적용)

  • 김홍렬;곽권천;김대원
    • Journal of Institute of Control, Robotics and Systems
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    • v.9 no.11
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    • pp.963-968
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    • 2003
  • A feedback control implementation for a high speed train pressurization system is proposed based on CAN (Controller Area Network). Firstly, system model including network latencies by CAN arbitration mechanisms is proposed, and an analytical compensation method of control parameters based on the system model is proposed for the network latencies. For the practical implementation of the control, global synchronization is adopted for controller to measure network latencies and to utilize them for the compensation of the control parameters. Simulation results are shown with practical tunnel data response. The proposed method is evaluated to be the most effective for the system through the control performances comparing among a controller not considering network latencies, other two off-line compensation methods, and the proposed method.

A Locating Scheme for Moving Objects Based on IEEE 802.15.4a (IEEE 802.15.4a에 기반한 이동체 위치 인식 기술)

  • Han, Young-Kou;Park, Jun-Seok;Seong, Yeong-Rak;Oh, Ha-Ryoung
    • Journal of The Institute of Information and Telecommunication Facilities Engineering
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    • v.8 no.3
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    • pp.132-137
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    • 2009
  • In this paper, a position recognition system is designed, implemented, and tested using IEEE 802.15.4a PHY (CSS) hardware and Tiny OS environment. The system is designed with extensibility and flexibility. The system consists of five kinds of nodes which have different functions from each other. Three communication channels are used for collision avoidance. In each cell, an arbiter node is used to minimize message collisions. The proposed arbitration protocol is designed to support mobility of arbitrary target nodes. Target nodes calculates their locations with communications to four location reference nodes which are placed on the comers of each cell.

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New gTLD Program: Uniform Rapid Suspension System and Trademark Clearinghouse (신규 일반 최상위 도메인의 도입과 통일신속정지제도(URS)에 대한 연구)

  • Park, Yu-Sun
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.113-131
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    • 2011
  • Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) announced the expansion of the number of generic top-level domains (gTLDs) beyond the current 22 gTLDs, and the gTLD Applicant Guidebook for ICANN's new gTLD program is now under consideration for approval. ICANN also introduces a "Trademark Clearinghouse" and the "Uniform Rapid Suspension (URS)" procedure to protect trademarks and expedite dispute resolution and save costs. The Trademark Clearinghouse is a central repository for information to be authenticated, stored and disseminated, pertaining to the rights of the trademark holders. Trademark holders would voluntarily provide data of their trademarks from all over the world, and it would assist a trademark watch service provided by the new gTLD registry for trademark holders and potential domain name registrants. The URS is a part of the new gTLD dispute resolution mechanisms created by ICANN to resolve cybersquatting disputes. A complainant in a URS proceeding must establish three elements that are very similar to the existing UDRP to succeed, but supposedly more expedited and cost efficient. Since the URS provides that it only protects court validated and registered trademarks, it is not clear whether unregistered marks used in commerce are protected under the URS. The URS escalates the complainant's burden of proof from a preponderance of evidence standard under the UDRP to a clear and convincing evidence standard. The notices to a respondent shall be sufficient if the URS Provider sends the notice of Complaint to the addresses listed in the Whois contact information. As registrants who wish to conceal their true identity often subscribe to the privacy/proxy service and the complainant's high rate of success in the UDRP proceeding is relevant to the respondents' default rate, the URS's simple notice requirement would deprive respondents of a fair opportunity to assert their rights over the disputed domain names.

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The Study on the Comprehensiveness of Medical Appraisal (의료감정(鑑定)에 있어 포괄성에 대한 고찰)

  • Yoon, Sung Chul
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.239-262
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    • 2014
  • The conventional medical appraisal which was done in the process of medical lawsuit was requested from the court to the designated hospital and was delivered as a pattern of one question and one answer in each. However, the comprehensiveness of medical appraisal which was pursued, for example, in Korea Medical Dispute Mediation and Arbitration Agency, could be guaranteed in terms of in-depth medical analysis as well as the broader capacity of the causality estimation besides. The comprehensiveness of appraisal would also include how well organized hospital system of medical care is and how well correlated job system among medical staffs, when medical dispute was happened at the hospital. This comprehensiveness will exert a big contribution on making a demonstrative medical care to prevent from the medical dispute and it could achieve the national plan of building the patient safety net which is effective in restoring the worsened quality of contemporary medical service. Therefore, the comprehensiveness of medical appraisal has to be designed to go forward interdisciplinary fused speciality rather than one division of medicine, which is also aiming at the reliable and consistent appraisal with the supreme dignity from one window. In addition to that, the objective and concrete frame of comprehensive appraisal under the computed connection has to be deliberated to make itself possible in collaboration with positive participation of medical community. The comprehensiveness of medical appraisal would serve to expand not only the capacity of speciality but also the ability of influence on a restorative justice, so that it give effect to an increased number of mediation and arbitration rather than medical lawsuit as well as a decreased number of the social cost and social conflict.

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Proposals for New Regulations Concerning Consumer ADR and ODR and their Implications in the EU (EU의 소비자 ADR 및 ODR에 관한 새로운 규정 논의와 국내에의 시사점)

  • Son, Hyun
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.107-131
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    • 2013
  • Online-ADR (Alternative Dispute Resolution) has been receiving attention from the international community as a means of alternative dispute resolution for consumer disputes in both small and mass international e-commerce. The EU Parliament and the Council proposed the Online Dispute Resolution Regulation for Consumer Disputes (hereafter, "EU Consumer ODR Regulation") and the Directive on Alternative Dispute Resolution of Consumer Disputes (hereafter, "EU Consumer ADR Directive") as a legislative package, now scheduled to be adopted. Those efforts strengthen consumer protection by enhancing ODR in international e-commerce and improving of the functions of the e-commerce market. The EU Consumer ADR and ODR regulation package will operate in conjunction with the ODR platform as a single point across Europe, abandoning the ADR system of each member. Consumers and traders who need dispute resolution apply on the EU ODR platform linked website, and the applications are distributed to individual ADR institutions in accordance with the Rules and Procedure of ADR institutions in the respective country. Although there has been partial progress in Korea for ODR programs such as the establishment of the Online Administrative Trial and the procedures of individual ADR agencies operating through the website, existing norms do not fully support the system. At this point, we see many implications of the EU Consumer ADR and ODR regulation package on the direction chosen for domestic ADR and ODR policy and legislation. This study introduces the main features and content of the EU Consumer ADR Directive (draft) and ODR Regulation provisions, and describes the direction of domestic policy and legislation regarding Online-ADR.

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Worst Case Timing Analysis for DMA I/O Requests in Real-time Systems (실시간 시스템의 DMA I/O 요구를 위한 최악 시간 분석)

  • Hahn Joosun;Ha Rhan;Min Sang Lyul
    • Journal of KIISE:Computer Systems and Theory
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    • v.32 no.4
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    • pp.148-159
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    • 2005
  • We propose a technique for finding the worst case response time (WCRT) of a DMA request that is needed in the schedulability analysis of a whole real-time system. The technique consists of three steps. In the first step, we find the worst case bus usage pattern of each CPU task. Then in the second step, we combine the worst case bus usage pattern of CPU tasks to construct the worst case bus usage pattern of the CPU. This second step considers not only the bus requests made by CPU tasks individually but also those due to preemptions among the CPU tasks. finally, in the third step, we use the worst case bus usage pattern of the CPU to derive the WCRT of DMA requests assuming the fixed-priority bus arbitration protocol. Experimental results show that overestimation of the DMA response time by the proposed technique is within $20\%$ for most DMA request sizes and that the percentage overestimation decreases as the DMA request size increases.

A Study on the ODR Dispute Settlement System of Consumer Protection in EU (EU의 소비자보호 ODR 분쟁해결제도에 관한 연구)

  • Park, Jong-Sam
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.89-110
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    • 2018
  • The purposes of this study are as follows: First, this study reviews the Online Dispute Resolution (ODR) regulations of the EU to resolve disputes which can arise in international e-commerce in the future. Second, this study tries to seek out alternative solutions to dispute resolutions based on these regulations. Third, this study increases the efficiency of the transactions by proposing effective and satisfactory dispute resolution methods for international e-commerce. First, this study reviews the concept of cross-border e-commerce, generally explores ODR, and creates comparisons with Alternative Dispute Resolution (ADR). Subsequently, this study looks into domestic ODR system and analyzes the regulations of EU ODR. This study suggests the implications of the European ODR regulations in the conclusion. The EU ODR platform is considered greatly significant in that it has increased the possibility of settlements in small disputes by enhancing consumers' accessibility to ADR procedures. Therefore, this thesis proposes a method for Korean companies to resolve disputes that may arise in e-commerce with EU by using the ODR platform. As a result, it is expected to increase the competitiveness of Korean companies in the EU market. Both legislative trends related to the ODR of the EU and establishment of the EU ODR platform have significant implications for Korean businesses in Europe. This study is expected to be useful for our businesses in the EU in reviewing the applicability of the EU ODR regulations and the dispute settlement procedures through the EU ODR platform. In addition, this study is expected to prove useful in relation to consumer protection by enhancing consumers' accessibility to dispute settlement institutions in domestic electronic commerce.

A Study on the Introduction of Food Safety Damage Relief System (식품안전 피해구제제도의 도입방안에 관한 연구)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.27 no.4
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    • pp.199-222
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    • 2017
  • Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.