• Title/Summary/Keyword: right factor

Search Result 806, Processing Time 0.031 seconds

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
    • /
    • v.13 no.1
    • /
    • pp.169-205
    • /
    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

  • PDF

New Government's Responsibility and Achievement in Records & Archives Management (공공기록물 관리에 있어 이명박정부의 책임과 '업적')

  • Lee, Seung-Hwi
    • The Korean Journal of Archival Studies
    • /
    • no.18
    • /
    • pp.257-280
    • /
    • 2008
  • The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

A Study on Introduction of Online Education to Provide Opportunities for Spreading University-level Program (고교-대학 연계 심화과정의 기회 확대 제공을 위한 온라인 교육 도입 방안 연구)

  • Han, Oakyoung;Chung, Mihyun;Kim, Jaehyoun
    • Journal of Internet Computing and Services
    • /
    • v.15 no.3
    • /
    • pp.117-124
    • /
    • 2014
  • This paper studies on introduction of online education to provide opportunities for spreading university-level program by analyzing perception of high school students and teachers. The university-level program can be defined as the fulfillment of learning needs and the value offer of excellence education for outstanding high school students who want to improve their potential capabilities. For the study, a survey was conducted at high school students and teachers. As the result of the survey for high school students, the efficiency of education was the most important factor for the university-level program. The order of next important factors was the aid to entering university, the method of education, the satisfaction, and the recommendation of others. The result of high school teacher indicated that the efficiency of education was the most important factor as the high school students. The order of next important factors by high school teachers was the satisfaction, the aid to entering university, and the method of education. An activation of the university-level programs can be spread by analyzing the results of the survey. With the introduction of online education for the university-level program can conclude the guarantee of the right of studying and the reduction of education gap. This paper proposed an online education for the university-level program to guarantee the right of studying and to reduce the education gap.

Estimation of Lane Utilization Adjustment Factors for Signalized Intersections Adjacent to an Off-ramp-Street Junction (연결로-일반도로 합류부와 인접한 신호교차로의 차로이용률 계수 산출)

  • Chae, Chandle;Jung, Dongwoo;Kim, Youngho
    • Journal of Korean Society of Transportation
    • /
    • v.31 no.5
    • /
    • pp.71-78
    • /
    • 2013
  • This paper investigated the influences of ramp traffic flow on the lane utilization for signalized intersection approaches which are adjacent to an off-ramp-street junction. The statistical test showed a correlation between lane utilization and the ramp traffic flow. As the ramp traffic flow increases, the left lanes are less utilized and the right lanes are more utilized. The lane utilization factors are calculated by applying traffic data collected from the Seoul Metropolitan area. The utilization factors are 1.113 for 2 lanes, 1.124 for 3 lanes, and 1.131 for 4 lanes. The lane utilization factors proposed in the paper show higher values than those in current Korea Highway Capacity Manual (KHCM) under the conditions that the number of lanes is 2 or 3. However, the lane utilization factor for 4 lanes in the paper shows lower value than in KHCM. The ramp traffic flow causes more utilization of the right lanes than at normal signalized intersections and the extent gets larger as the number of lanes decreases. Based on the results of the paper, the lane utilization factors at signalized intersection approaches should be revised and reasonable capacity should be recalculated if the signalized intersection is adjacent to an off-ramp-street junction.

Reliability and Validity of an Instrument Assessing Advance Directives for Nurse (간호사의 사전의사결정 태도측정 도구의 신뢰도 및 타당도 검증)

  • Cheon, Hojung;Kim, Eunha
    • Journal of Hospice and Palliative Care
    • /
    • v.22 no.3
    • /
    • pp.134-143
    • /
    • 2019
  • Purpose: This methodological study was conducted to test the reliability and validity of an instrument that measures attitudes of advance directives (ADs) among nurses. Methods: 1) Sixteen items related to attitudes in the English version of the Knowledge, Attitudinal, and Experiential Survey on Advance Directives (KAESAD) were forward/backward translated into Korean. 2) The content was validated by an expert panel (three nursing professors and eight hospice nursing specialists). 3) The preliminary 12 items were selected as a tool to assess the Korean version of Nurses' Attitudes towards Advance Directives (NAAD-K). 4) The instrument was validated by a survey (n=216). 5) It was confirmed to use the 12 items for the final version of the instrument. Results: NAAD-K was shown to be valid in terms of factors, items and content. The three factors extracted from the factor analysis were named as follows: Caring for patients with an AD (factor 1), nurses' role in informing patients (factor 2) and patient right (factor 3). The three factors explained total variance 57.796%. Factor loadings of the 12 items ranged from 0.47 to 0.93. For the 12 items, Cronbach's alpha was 0.81, and Guttman split-half coefficient was 0.78. Conclusion: This instrument was identified to be applicable with satisfactory reliability and validity for further use in measuring nurses' attitudes towards ADs in hospice and palliative care.

Development for City Bus Dirver's Accident Occurrence Prediction Model Based on Digital Tachometer Records (디지털 운행기록에 근거한 시내버스 운전자의 사고발생 예측모형 개발)

  • Kim, Jung-yeul;Kum, Ki-jung
    • The Journal of The Korea Institute of Intelligent Transport Systems
    • /
    • v.15 no.1
    • /
    • pp.1-15
    • /
    • 2016
  • This study aims to develop a model by which city bus drivers who are likely to cause an accident can be figured out based on the information about their actual driving records. For this purpose, from the information about the actual driving records of the drivers who have caused an accident and those who have not caused any, significance variables related to traffic accidents are drawn, and the accuracy between models is compared for the classification models developed, applying a discriminant analysis and logistic regression analysis. In addition, the developed models are applied to the data on other drivers' driving records to verify the accuracy of the models. As a result of developing a model for the classification of drivers who are likely to cause an accident, when deceleration ($X_{deceleration}$) and acceleration to the right ($Y_{right}$) are simultaneously in action, this variable was drawn as the optimal factor variable of the classification of drivers who had caused an accident, and the prediction model by discriminant analysis classified drivers who had caused an accident at a rate up to 62.8%, and the prediction model by logistic regression analysis could classify those who had caused an accident at a rate up to 76.7%. In addition, as a result of the verification of model predictive power of the models showed an accuracy rate of 84.1%.

A Case of Extensive Stage Small Cell Lung Cancer Presenting as an Acute Appendicitis with Perforation (전이성 병소에 의해 발생한 급성 충수염의 천공으로 진단된 전신병기 소세포폐암 1예)

  • Shin, Dong Won;Choi, Moon Han;Park, Seung Sik;Park, Sung Woo;Kim, Ki Up;Jang, An Soo;Park, Choon-Sik;Lim, Cheol Wan;Ko, Eun Suk;Paik, Sang Hyun;Kim, Do Jin
    • Tuberculosis and Respiratory Diseases
    • /
    • v.65 no.3
    • /
    • pp.230-234
    • /
    • 2008
  • The incidence of appendiceal metastatic cancer is quite low. In particular, in small cell lung cancer, there is a very low incidence of a metastasis to the appendix. A 75-years old man with right lower quadrant pain, cough and sputum was transferred to our hospital. Abdominal CT revealed acute appendicitis with a perforation. The patient underwent surgery. The frozen sections of the tissue obtained during surgery, indicated a malignancy, but a right hemicolectomy was not performed due to the patient's poor general condition. The histology findings of the appendix were identified as a small cell carcinoma. The abdominal CT scan and chest x-ray at admission day showed a mass in the right lower lobe, and a further evaluation of the lesion was performed including positron emission tomography and flexible bronchoscopy with a biopsy. The pathology findings of the lung mass were also small cell lung cancer. The specimens from both sites stained positive for cytokeratin, cluster designation 56, synaptophysin, chromogranin-A and thyroid transcription factor 1. It was concluded that the appendiceal small cell cancer originated from the lung.

Exhibition and Convention Destination Site Evaluation Using Importance-Performance Analysis (중요도-성취도 분석에 의한 전시컨벤션 개최지 평가)

  • Kim, Si-Joong;Park, Chang-Kyu
    • Journal of the Economic Geographical Society of Korea
    • /
    • v.9 no.3
    • /
    • pp.358-378
    • /
    • 2006
  • This study aims to examine seven factors and forty-two selection attributes of Seoul as an Exhibition and Convention Destination Site through the Importance-Performance Analysis(IPA) from the Exhibition and Convention Planner. The result of this study shows these three conclusions. First, according to the result of the Importance-Performance Analysis(IPA) of the forty-two selection attributes of an Exhibition and Convention Destination Site, thirteen attributes were placed on the right top area(Keep Up the Good Work), four attributes were placed on the right bottom area(Possible Overkill), five attributes were located on the left top area(Concentrate Here), and the other twenty attributes were located on the left bottom area(Low Priority). Second, the Importance-Performance Analysis(IPA) of seven factors in an Exhibition and Convention Destination Site reveals that the factors in the right top area(Keep Up the Good Work) of high importance and high performance were "Exhibition and Convention Center Facilities", "Exhibition and Convention Fee", and "Exhibition and Convention Center Accommodation Capacity". And the one factor located on the left top area(Concentrate Here) of high importance and low performance was "Exhibition and Convention Destination Regional Space", while the other factors of "Exhibition and Convention Center Management", "Exhibition and Convention Destination Tourism Space" and "Exhibition and Convention Destination Leisure Activity Space" were placed on the left bottom area(Low Priority) of low importance and low performance. Third, the difference of the mean value of the Importance and Performance on Seoul as an Exhibition and Convention Destination Site has been revealed that the performance of the attributes was lower than the importance of the attributes because forty attributes have described all plus(+) except two attributes.

  • PDF

ROOT MALFORMATION OF PERMANENT INCISORS BY ALVEOLAR BONE FRACTURE (치조골 골절을 동반한 유치열기 외상에 의한 영구절치의 치근 형성 이상)

  • Ji, Eun-Hye;Choi, Hyung-Jun;Choi, Byung-Jai;Son, Heung-Kyu;Kim, Seung-Hye;Song, Je-Seon
    • Journal of the korean academy of Pediatric Dentistry
    • /
    • v.38 no.3
    • /
    • pp.290-295
    • /
    • 2011
  • During tooth formation, tooth development can be affected by physical action or metabolic changes around dental follicle. Especially trauma to primary dentition is the most representative physical factor that can cause development disorders of succedaneous tooth. Enamel hypoplasia and crown discoloration of succedaneous tooth are common complications of trauma. And impaction, ectopic eruption, arrest of root formation and root dilaceration of succedaneous tooth are rare. In this case, a 6-year and 5-month-old female patient visited for dental evaluation after trauma. She was diagnosed with alveolar bone fracture near upper front teeth, extrusion of the upper right and left primary central incisors, intrusion of the upper right primary lateral incisor, and palatal luxation of the upper left primary lateral incisor. Upper right and left primary central incisors with severe mobility were extracted, with gingival suture on the day of the visit. During 24 months check up, root dilacerations were found near the cemento enamel junction in the upper lateral incisors and arrests of root formation were found on the coronal 1/3 of the root in the upper central incisors. Although alveolar bone fracture is rare type of trauma in children, a thorough examination of alveolar bone is essential for prognosis and following treatment in patients with trauma.

Comparison of Physiological Variables by Age Group in Drinking Men (음주남성의 나이대별 생리학적 변수들의 비교)

  • Hyun, Kyung-Yae
    • Journal of Life Science
    • /
    • v.19 no.10
    • /
    • pp.1374-1381
    • /
    • 2009
  • This study was designed to investigate the differences of physiological variables by age group in alcohol-consuming men. The thirty year old-age group had the lowest waist-hip ratio (WHR), right and left cardio-ankle vascular index (R-CAVI and L-CAVI), right and left ankle-brachial index (R-ABI and L-ABI), amylase, high sensitivity C-reactive protein (hs-CRP), and creatine phosphokinase (CPK) levels, and the highest body weight (BW), interleukin-6 (IL-6), right and left intraocular pressure (R-IP and L-IP), hematocrit (Hct), hemoglobin (Hb), erythrocyte, red blood cells distribution width (RDW), alanine aminotransferase (ALT), total cholesterol (TCH), triglyceride (TG), and ferritin levels. The forty year old-age group was the highest in hs CRp and CPK levels, but the lowest in ferritin level. The fifty year old-age group possessed the highest WHR, diastolic blood pressure (DBP), R- and L-ABI, eosinophil, and amylase levels. The sixty year old-age group had the highest R- and L-CAVI, mean corpuscular volume (MCV), ALP, $\gamma$-glutamyltranspeptidase ($\gamma$-GTP), rheumatoid factor (RF), $\alpha$-fetoprotein (AFP) and prostate specific antigen (PSA) levels and the lowest BW, DBP, R-IP, L-IP, Hct, Hb, leukocyte, platelet, RDW, eosinophil, monocyte, ALT, amylase, TG, and CPK levels. These findings indicate that there may be differences of physiological variables depending on age group in alcohol-consuming men. Further studies should be focused on the physiological differences between alcohol-consuming men and women.