• Title/Summary/Keyword: decision to petition

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Automation for Decision of the Optimum Stories of Apartment Buildings to Assure the Solar Access Right for Neighboring Areas through Applying a Case Study (사례적용을 통한 인근지역에서의 일조권 확보를 위한 공동주택 층수 계획 자동화에 관한 연구)

  • Seong Yoon-Bok;Yeo Myoung-Seouk;Kim Kwang-Woo
    • Journal of the Korean housing association
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    • v.16 no.3
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    • pp.69-77
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    • 2005
  • The purpose of this study is to develop a automation for decision of the optimum stories in apartment buildings in order to assure the solar access right for neighboring areas. Compared to the results of the optimum stories by manual process through applying a legal case over solar access right, the proposed method provides more improved and expanded information by automating the computing process of decision of the optimum stories in apartment buildings. With the result of this research, it would be possible to furnish with advanced information for an amicable settlement against the civil petition and disputes, to reduce waste of the time and cost and to improve the efficiency of solar access right analysis works.

The Season to Help: The Effect of Seasonal Mood and Gain Versus Loss Advertising Message Framing on Intention to Help Charity

  • Samartkijkul, Piyatida;Yoo, Seung-Chul
    • International journal of advanced smart convergence
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    • v.8 no.3
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    • pp.102-114
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    • 2019
  • There are various researchers who studied the relationship between seasons and feelings. However, only a few did shed light on how these two variables affect decision-making and physical behaviors especially prosocial behavior which emphasize on the benefits of other people and/or society as a whole. Due to a lack of studies on the topic, we investigated whether the combination of seasons and message framing could be useful in eliciting intention to help on an environmental issue. A 3x2 experiment examined the interactions between seasonal mood (summer, winter, controlled) and types of message framing (gain, loss) on future helping intention (volunteer, donation, petition signing). The findings suggest that in normal circumstances where seasonal mood were not applied, gain message framing was more effective in promoting higher intention to sign a petition than loss message framing. However, when thinking of winter, loss message framing has greater ability to do so than gain message framing. Moreover, seasons and mood are found to be associated with a higher positive mood in summer and a negative mood in winter. Lastly, limitations and implications are discussed.

A Study on Main Issues of the Constitutional Petition against "the Newspaper Law" (신문법 위헌소송의 주요 쟁점에 관한 연구)

  • Lee, Yong-Sung
    • Korean journal of communication and information
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    • v.33
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    • pp.227-251
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    • 2006
  • The Law Ensuring the Freedom and the Functions of Liability of the Newspapers ("The Newspaper Law") which was passed in the National Assembly on January 1, 2005 is considered as a tremendous setback compared to "the Newspaper Bill" of civil press organizations. Of the two instruments to ensure the editorial freedom, the regulation on the newspaper company ownership share distribution was eliminated and the editorial committee (editorial codes of ethics) became an arbitrary system. That is, the Newspaper Law was criticized as a law of "half-success." However, the Newspaper Law has its own benefit by institutionalizing the establishment of the Korea Commission for the Press, the Press Fund, and the Korea Newspaper Circulation Service for Promoting Newspaper Businesses and by strengthening the criteria to estimate market dominant businesspeople in newspaper market than general markets to ensure the diversity of public opinions. As the Newspaper Law was promulgated, Donga-Ilbo and Chosun-Ilbo submitted the Constitutional Petition against "the Newspaper Law" and the Constitutional Court is expected to give the decision soon. Based on the "Supplements on the Grounds of the Constitutional Petition against the Newspaper Law" ("the Petition"), this paper will examine the main issues of the debates over the Constitutionality of the Newspaper Law.

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Legitimacy of Digital Social Innovation and Democracy: Case of Online Petition and Public Problem Solution Project (디지털 사회혁신의 정당성과 민주주의 발전: 온라인 청원과 공공문제 해결 사례를 중심으로)

  • Cho, Hee-Jung;Lee, Sang-Done;Lew, Seok Jin
    • Informatization Policy
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    • v.23 no.2
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    • pp.54-72
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    • 2016
  • This article analyzes the latest cases of Digital Social Innovation such as crowdsourcing and online petitions for public trouble-shooting in oder to demonstrate that public engagement of the citizens on decision making can enhance the quality of democracy. Digital Social Innovation contributes to citizen's participation on decision making and policy implementation with taking advantage of digital technologies of crowdsourcing and online petitions. Active civic engagement for decision making literally helps to improve and democratize government policy. These series of processes not only improve quality and efficiency of policy governance by building up transparency and effectiveness of policy itself but also enhance the throughput legitimacy. With this article, I quote and analyze various practices of Digital Social Innovation which we had substantiated to demonstrate the effectiveness of civic engagement for decision making to improve and enhance democracy. The hypothesis that the Digital Social Innovation attempted in various ways is a principal factor of democratization could be verified. Moreover, the practices of Digital Social Innovation helps the civic participation in policy making in modern society. Finally, this article suggests an implication of Digital Social Innovation as part of efforts to ensure the involvement of throughput legitimacy for the development of democracy.

An Analysis of the Floor Vote on the Gadeokdo New Airport Special Act: Voting Decisions and Waffling (가덕도신공항 건설을 위한 특별법 본회의 표결 분석: 의원의 투표결정과 와플링(waffling))

  • Ka, Sangjoon;Kang, Sinjae;Park, Minkyu
    • Korean Journal of Legislative Studies
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    • v.27 no.2
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    • pp.71-109
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    • 2021
  • The purpose of this study is to find out what factors influence lawmakers' voting decisions in the plenary session. In particular, the study examines causes and characteristics of waffling and strategic waffling, which express opposition or abstention in a discharge petition or a vote at the plenary session despite participating in a bill sponsorship. The study on waffling is meaningful because it has not been covered in previous literatures. To this end, the Gadeokdo New Airport Special Act, which the National Assembly passed in February 2021, was set as an analysis target. The study examined the factors that affected legislators' voting decisions and participation in bill sponsorship and who were related with waffling. Statistical results showed that the age variable influenced the motion of the bill while seniority and party affiliation had an effect on the participation of the bill. Likewise, the study found that party affiliation and district had an influence on the approval of the bill. In addition, the analysis of waffling showed that lawmakers with higher seniority tended not to participate in the vote. It could be interpreted that lawmakers with more legislative experience judged that they would benefit from strategic waffling. There is a limit to understanding lawmakers' decision-making and waffling through a limited analysis of the Gadeokdo New Airport bill. However, given that lawmakers tend to choose avoidance strategies in ambiguous situations, and given the high intelligence of lawmakers who know better than anyone about the future impact of a new bill, the decision-making shown by lawmakers in each stage of the situation is a prudent judgment gained from their experience. It indicates that it is necessary to research the legislative activities of lawmakers in various ways.

Virtual Reality and Internet GIS for Highway Simulation Based on the ASE

  • Choi Hyun
    • Korean Journal of Remote Sensing
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    • v.21 no.5
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    • pp.433-443
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    • 2005
  • This paper show that, without installation of expensive VR (Virtual Reality) program, the sharing information is possible through posting three-dimensional road structures on the web, and avoiding the conventional top-down decision making method, fast bottom-up communication is possible base on the Virtual GIS (Geographic Information System). In this paper, using Viewpoint Scene Builder, internet-based software, the transformation was conducted to give pertinent type for web posting. In order to use the completed route at the scene builder, the output with ASCII Export is required, and ASE (ASCII Scene Export) contains the property information including the coordinate and frame of mesh vertex. Through in advance recognition of the problems regarding route design and petition due to environmental rights infringement, the time and cost due to design alteration can be reduced. It's difficult to provide VR based on the internet because file that embodied with internet GIS was complicated and its capacity comes to scores of mega-bites. But, this study provides VR with internet according to a basis by simplification of files.

The Problems in the Medical Dispute Mediation Process According to the "Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes" and the Alternative Propsal (의료분쟁조정제도 운영에 따른 문제점 및 개선 방안)

  • Hwang, SeungYun
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.85-116
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    • 2013
  • Korea Medical Dispute Mediation and Arbitration Agency, "K-MEDI" in abbr. herein-after, is established on Apr. 9, 2012 according to the law cited in the title above for the purpose of settling medical disputes in a prompt, fair and efficient manner. Two special professional organizations are established in K-MEDI, one of them is Medical Dispute Mediation and Arbitration Committee(hereinafter referred to as the "Mediation Committee") and the other Medical Malpractice Appraisal Board(hereinaf-ter referred to as the "Appraisal Board"), the mission of the latter is to investigate the facts concerning the disputed medical conduct and to research as to and apprai-se whether the medical conduct was negligent and whether a causal relationship exists. Each panel organized in the Mediation Committee or the Appraisal Board shall be comprised of five mediators or appraisers, including necessarily a judge or a prose-cutor respectively and any disputed case regardless of the scale, the importance or the complicacy shall be handled by a panel. As the system is not thought efficient or economic, the number of the members comprising a panel or total members com-prising the Mediation Committee or the Appraisal Board shoud be adjusted, and the process shoud be versified, including the "Rapid Process," for instance. A petition for the mediation of a medical dispute shall be rejected if the respondent fails to notify K-MEDI of his/her intention to accede to the mediation within 14days from the day on which the petition for the mediation was served(Art. 27 Cl. 7). As the option of an arbitrary decision whether the mediation proceedings shall be commenced or not given to the respondent by the clause is thought unfair, making the process unstable, and moreover, diminishing the purpose of the system established by the law cited above for solving the medical disputes, the clause shoud be amended not to allow the respondent the option of such an arbitrary deci-sion. K-MEDI shall conduct the "Program for Compensation of Medical Accidents"(Art 46) according to which unavoidable injuries caused by the medical accidents in the cour-se of childbirth and the "Advances for Damages"(Art. 47) that are the compensating moneys paid to victims in medical malpractice cases who fail to receive money at all or partly from the operator or the professional of a public health or medical institution although he/she has a final and conclusive right to be paid by them. Some operators or professionals of such institutions claim that both the programs violate their fundamental rights assured by the constitution, and that it be a justifica-tion of refusal to accede to the mediation. As any of the programs needs not to be conducted by K-MEDI, it may be a proper solution to change the conductor of the programs to avoid the unproductive controversy.

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양심의 자유와 대체복무제도에 관한 연구

  • Song, Ha-Yeong
    • Journal of the Korea society of information convergence
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    • v.7 no.1
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    • pp.1-16
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    • 2014
  • In this study, in light of the reality that the need for systematic development of military service resource management and alternative service discipline / switching service discipline has been discussed for illegal liquidation of military service obligations (Tekketsu) in connection with the military service system, and pluralistic it is assumed judgment if centralized military manpower administration (MMA) the recruitment structure that is, military service resource management that to effectively manage. Military service resources decision to systematic management of resources military service, military service of centralized resource management that MMA is the center, the efficiency of the plan. It is determined that it can improve the precision, thereby increasing and the resource-specific Service Discipline instruction, fairness to ensure consistency in the resource management of Alternate Service Discipline / Switching Service Discipline among, high quality and accessibility of such people petition I thought there may be a service provider is realized, that centralization of MMA is also realized, trying to allo improved fairness associated with the performance of military service obligation. Therefore, in this study, we are exploring a scheme that is able to achieve the unification of the human resource management of military service entity to perform the duty of national defense.

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A Review on the Arbitral Proceeding under Rules of Arbitral Procedure of the Indonesia National Board of Arbitration (BANI) (인도네시아 국립중재위원회(BANI) 중재규칙상 중재절차의 구조)

  • Kim, Young-Ju
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.99-125
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    • 2014
  • The purpose of this paper is to introduce the arbitral proceeding system in Indonesia. Arbitration in Indonesia is governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Arbitration Law). Also, the Indonesian National Board of Arbitration (BANI) is the main arbitration body in Indonesia. BANI handles both domestic and international disputes. BANI has published its Rules of Arbitral Procedure (the BANI Rules). Within a period of not longer than 30 days after receiving the petition for arbitration, the respondent must submit its reply. Also, if the respondent wishes to assert against the claimant a counter-claim in connection with the dispute, the respondent may submit such counter-claim together with its statement of defense no later than the first hearing. This paper suggests that the following may be some of the disadvantages to using arbitration under the BANI Rules. The first is that final decision or approval regarding the designation of all arbitrators shall be in the hands of the Chairman of BANI. It is the chief problem facing the international stream of arbitration systems. The second is that arbitrators must have certain minimum qualifications. BANI Rules provide the same requirements for the qualifications of the arbitrators as the Arbitration Law. The third is that the BANI Rules require arbitrators in BANI-administered references to be chosen from BANI's list of arbitrators. BANI can also consider a recognized foreign arbitrator if the foreign arbitrator meets the qualification requirements and is prepared to comply with the BANI Rules. This includes the requirement that the appointing party must bear the travel, accommodation, and other special expenses related to the appointment of the foreign arbitrator.

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Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.