• 제목/요약/키워드: respondent

검색결과 548건 처리시간 0.021초

한미자유무역협정(FTA)에 따른 도메인이름 분쟁해결의 개선방안에 관한 연구 (A Study of Domain Name Disputes Resolution with the Korea-U.S. FTA Agreement)

  • 박유선
    • 한국중재학회지:중재연구
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    • 제17권2호
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    • pp.167-187
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    • 2007
  • As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

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중재 관련 상계항변에 관한 고찰 (A Study on the Set-off Defenses Issued in Arbitration)

  • 강수미
    • 한국중재학회지:중재연구
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    • 제29권4호
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    • pp.57-75
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    • 2019
  • In investigating how set-off defenses matter in arbitration, one should take into account that it is not permitted against the parties' will for arbitrators to rule on the disputes that are not the subject of an arbitration agreement, unless otherwise agreed upon by the parties involved, because it is considered that the parties intend to solve only the disputes which are the subject of the agreement by arbitration. Also, one should keep in mind that the parties must settle the disputes that are the subject of an arbitration agreement by arbitration when they conclude the agreement, and it is not allowed against the parties' will to resolve the disputes in other ways. The parties may agree whether the respondent can request for arbitration on the counterclaim, which is his/her claim against the claimant, and whether the respondent can raise a plea for a set-off that his/her claim against the claimant is a counter obligation. Failing on such agreement, the respondent may submit a counterclaim when his/her claim and the claimant's claim are the subject of the same arbitration agreement. The arbitral tribunal may rule on the counter obligation when the arbitration agreement, which becomes the basis for the claimant' claim, has an effect on the counter obligation. Where the claimant fails to raise an objection even after he/she becomes aware that the respondent has requested for arbitration or has raised a plea for set-off by providing his/her claim which is not the subject of the arbitration agreement as a counterclaim or a counter obligation, the arbitral tribunal may rule on the respondent's claim against the claimant. On these occasions, the arbitral tribunal has to guarantee the parties an opportunity to defend themselves by pointing out those situations. It will meet the purposes of arbitration systems to rule out the jurisdiction of the courts when the plaintiff alleges the existence of the arbitration agreement, in case the respondent raises a plea for set-off based on his/her claim which is not the subject of the arbitration agreement in the litigation procedures. However, where the plaintiff fails to allege the existence and conducts pleading in the court with regard to the counter obligation, the court must not reject the respondent's set-off defense because of the existence of the agreement.

Korean High School Student's Perceptions of Sexual Harassment: The Effects of Victim's Clothing, Behavior, and Respondent's Gender

  • Jang, Eun Hye;Lee, Miyoung
    • International Journal of Human Ecology
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    • 제14권1호
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    • pp.57-69
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    • 2013
  • This study investigates Korean high school student's perception of sexual harassment and relative effects of victim's clothing, dating behavior and respondent's gender on perceptions of alleged sexual harassment cases. A quasi-experimental method was applied using a $2{\times}2{\times}2$ between-subjects factorial design that manipulated three variables (clothing exposure, dating behavior, and gender). Questionnaires were distributed to a convenience sample of 540 high school students and 530 questionnaires were used for the data analysis. The results indicate that the victim's clothing and dating behavior had a significant main effect on the responsibility for sexual harassment. The respondent put less responsibility on the assailant when the victim wore revealing clothing and when her dating behavior was provocative. The significant interaction effect between the respondents' gender and the victim's dating behavior indicated that when the victim's behavior was provocative, female respondents held more responsible to victim than male respondents did. The results also indicate that victim's clothing, dating behavior, and respondent's gender had significant main effect on the justification of sexual harassment. The respondents indicated that assailant's behavior is unjustifiable; however, when victim more revealing clothing, they indicated that the behavior is more justifiable.

Probability Sampling Method for a Hidden Population Using Respondent-Driven Sampling: Simulation for Cancer Survivors

  • Jung, Minsoo
    • Asian Pacific Journal of Cancer Prevention
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    • 제16권11호
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    • pp.4677-4683
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    • 2015
  • When there is no sampling frame within a certain group or the group is concerned that making its population public would bring social stigma, we say the population is hidden. It is difficult to approach this kind of population survey-methodologically because the response rate is low and its members are not quite honest with their responses when probability sampling is used. The only alternative known to address the problems caused by previous methods such as snowball sampling is respondent-driven sampling (RDS), which was developed by Heckathorn and his colleagues. RDS is based on a Markov chain, and uses the social network information of the respondent. This characteristic allows for probability sampling when we survey a hidden population. We verified through computer simulation whether RDS can be used on a hidden population of cancer survivors. According to the simulation results of this thesis, the chain-referral sampling of RDS tends to minimize as the sample gets bigger, and it becomes stabilized as the wave progresses. Therefore, it shows that the final sample information can be completely independent from the initial seeds if a certain level of sample size is secured even if the initial seeds were selected through convenient sampling. Thus, RDS can be considered as an alternative which can improve upon both key informant sampling and ethnographic surveys, and it needs to be utilized for various cases domestically as well.

대학생의 보건교육 요구도 및 정신건강보건교육 (Health Education Needs and Mental Health Education of College Student)

  • 박정민;정원일
    • 한국콘텐츠학회논문지
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    • 제13권10호
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    • pp.385-393
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    • 2013
  • 본 연구는 대학생의 보건교육에 대한 실태분석을 통하여 보건교육의 실태와 요구도와의 괴리를 분석하고, 특히 정신보건교육의 중요성을 강조하고자, 정신보건교육의 요구도에 영향을 미치는 요인을 응답자의 정신건강상태를 통하여 찾아보고자 하였다. 분석 결과 정신보건교육과 지역사회보건 분야에서의 교육 요구도는 이미 이에 대한 교육을 받은 응답자가 교육을 받지 않은 응답자보다 더 중요하게 여기는 것을 볼 수 있으며, 정신보건교육 요구도에 영향을 미치는 정신건강상태를 분석한 결과 주위 환경에 많은 신경을 쓰고 있는 응답자일수록 정신건강보건교육의 요구가 높은 것을 볼 수 있었다. 본 연구 결과를 토대로 현재 대학생을 대상으로 실시하는 보건교육의 컨텐츠 중 정신보건교육의 중요성을 강조하고, 향후 정신보건교육의 컨텐츠 강화 및 실효성 있는 교육이 될 수 있도록 개선해야 함을 의미한다.

닭고기의 품질 예측에서 원산지 표시의 도움에 대한 지각도에 미치는 영향요인 평가 (Factor Influencing on the Level of Perceived Helpfulness of Country of Origin in Predicting the Quality of Chicken)

  • 이성희;강종헌
    • 한국식생활문화학회지
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    • 제21권5호
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    • pp.439-445
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    • 2006
  • The purpose of this study was to measure respondent's demographic characteristics, respondent's attitudes toward chicken, and factor influencing on the level of perceived helpfulness of country of origin in predicting the quality of chicken. The data was collected through a consumer survey during the March 2006. A total number of 250 meat consumers living in Suncheon, the eastern part of Chonnam, were randomly selected as respondents. Eleven respondents did not complete the survey instrument, resulting in a final sample size of 239. All estimations were carried out using chi-square, correlation, and logistic procedure of SAS package. The results are as follows. The level of perceived helpfulness of country of origin in predicting the quality of chicken was significantly different by age and occupation of demographic variables, and was significantly correlated with respondent informed of attitude variables. The proportional odds assumption of model was not violated at p<0.05. The effects of income, occupation and respondent informed on the level of perceived helpfulness of country of origin in predicting the quality of chicken. The results from this study could be useful in developing marketing and health promotion strategies, as well as government trade policy.

가상상황 가치평가연구에서 출발점 편의의 검토 (Starting Point Bias in Contingent Valuation Studies)

  • 박용치
    • 한국조사연구학회지:조사연구
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    • 제3권2호
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    • pp.47-76
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    • 2002
  • 출발점 편의는 최초입찰이 응답자의 최종입찰에 영향을 미치는 반복입찰 프레임 위에서 발생한다. 입찰게임은 가상상황 가치평가 연구에서 비시장재의 가치평가를 할 때에 가장 흔히 사용되는 방법이며 개별면접이나 전화면접의 방법으로 이루어진다. 입찰은 응답자에게 최초 입찰을 제시함으로써 시작되는데 응답자가 최초입찰을 기꺼이 지불할 용의가 있으면 부정적 응답이 나올 때까지 입찰값을 올리고 최초입찰에 부정적이었을 때는 수용할 수 있는 금액이 나올 때까지 입찰값을 낮추어 가게 된다. 최종 입찰은 응답자의 힉스적 보상 또는 가치평가 하려는 항목의 동등 잉여를 측정하는 척도로 생각된다. 본 논문에서는 입찰게임에 있어서의 출발점 편의를 실증적으로 검토하였다. 즉, 최종입찰이 최초 입찰의 크기에 의하여 영향을 받고 있는지를 서울과 그 근처에서 수돗물의 수질개선을 위한 지불 의사액을 추정하는 과정에서 입찰게임을 적용함으로써 실증적으로 검정하였다. 검정결과는 출발점 편의가 존재하는 것으로 생각되며 그 크기는 ${\delta}$=-0.265237.

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터지털 시대의 병원경영전략 수립에 관한 연구 - 병원경영자의 경영개선활동에 관한 인식을 중심으로 - (Hospital Management Strategy in Digital Era)

  • 서영준
    • 한국병원경영학회지
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    • 제6권2호
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    • pp.173-201
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    • 2001
  • This study purports to examine the current management and information technology related strategy of Korean hospitals and suggest the effective management strategy in the 21st century when is digital era. Specifically the study tries to analyze the changing trends of strategic orientation and investigate the general management and information technology strategy of Korean hospitals. Self-administered Questionnaires were distributed to 721 hospitals nationwide and finally 98 Questionnaires were analyzed for the study. The results of the study are as follows : 1) Half of the respondent hospitals reported that they have an analyzer orientation in 2000, whereas 19.4% were prospectors, reactors 16.4%, and defenders 14.3%. However, the respondent hospitals intended to have a prospector orientation in the future (2002), while 29.6% planned on being analyzers, 17.3% reactors, and 3.1% defenders. 2) Hospital services for improving patient satisfaction were the most common. strategy for the respondent hospitals, followed by cost containment, organizational restructuring, employee education, purchasing system change, specialization of clinical services, quality improvement of medical care, strengthening the networking with the stakeholders, public relations and marketing strategy, diversification, and installing the information system. However, the strategies of annual salary system, retrenchment of unprofitable services, merit payment based on performance were still not popular for the respondent hospitals. 3) As for the strategies related with information technology, most hospitals have not implemented actively, except for the establishment of home-pages, order communication systems, and insurance claims through electronic data interchange system. 4) There were significant differences in the level of strategy implementation in terms of the ownership, bed size, financial performance, and the top managers I knowledge of information technology. The larger bed size, the higher financial performance, the better knowledge of information technology the top managers have, the more strategies the respondent hospitals implemented. The managerial and political implications for Korean hospitals in digital era were also discussed.

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대학생의 자아분화와 동적 가족화 반응 특성 연구 (Study on the self-differentiation of the university students and Kinetic Femily Drawing Respondent Characteristics)

  • 이정숙;김윤희
    • 한국생활과학회지
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    • 제9권4호
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    • pp.429-445
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    • 2000
  • This study was analyzed for the relationship between the self-differentiation of the university students and Kinetic Family Drawings that was responded their mental aspect. Results of this study were following. First, the level of self-differentiation by sex, age, region and grade was significantly different. Second, Kinetic Family Drawings respondent characteristics by their sex, age, region, grade and sibling order was significantly different. Third, in the relationship between the self-differentiation of the university students and Kinetic Family Braving respondent characteristics, when the group had less conflict and more interaction among family members, they could separate their subjective and objective tension and they could attach to their parents. In the case that crisis was occurred in their family, they had less possibility to represent dysfunctional communication style or regressive behaviors.

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소비자들의 식품선택기준과 기능성 식품에 대한 인식도 (Consumer Opinions about the Factor in Food Selection and Functional Food)

  • 한명주;배은아
    • 한국식생활문화학회지
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    • 제11권3호
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    • pp.299-304
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    • 1996
  • The objective of this study was to investigate important factors affecting food choice, specific dietary changes over past few years and to find out consumer opinions concerning the use of yogurt and oligosaccharides. Results of this study showed that three most important factors in food selection were taste (52.5%), nutrition (23.4%) and safety (15.8%). Three most important nutritive factors were protein (26.3%), calorie (19.2%) and vitamin (13.8%). Specific dietary changes of the respondent over past few years didn't affect meat intake, but increased vegetable and fruit intakes. Majority of the respondent (52.3%) ate yogurt more than 3 times per week and 35.6% of them ate $3{\sim}4$ times per month. Reasons for intake of oligosaccharides were as follows; low calorie (40.8%), sweetener (28.3%)and bifidogenic factor (25.0%). The respondent regarded that yogurt had more preventive effect of disease than that of oligosaccharide.

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