• Title/Summary/Keyword: self-enforcement

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Recognition and Enforcement of Foreign Arbitral Awards in Japan: Conventions, National law and Refusal of Recognition and Enforcement (일본법상 외국중재판정의 승인집행 -적용법규와 승인집행거부를 중심으로-)

  • Kim, Eon-Suk
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.25-46
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    • 2010
  • In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

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Efficient Public-Key Traitor Tracing with Unlimited Revocation Capability (무제한 사용자 탈퇴를 제공하는 효율적으로 공모자 추적 기법)

  • 김현정;임종인;이동훈
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.11 no.5
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    • pp.31-42
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    • 2001
  • Two important requirements in broadcast encryption schemes are traitor traceability and revocability. In this paper, we propose a new type of a traitor tracing scheme that can revoke an unlimited number of traitors\` personal keys. Additionally, we propose an efficient and simple method to provide self-enforcement property. We also describe a variant of our scheme of which encryption algorithm is secure against adaptive chosen ciphertext attacks.

Effects of a Face-to-face Self-management Program on Knowledge, Self-care Practice and Kidney Function in Patients with Chronic Kidney Disease before the Renal Replacement Therapy

  • Choi, Eun Sung;Lee, Jia
    • Journal of Korean Academy of Nursing
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    • v.42 no.7
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    • pp.1070-1078
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    • 2012
  • Purpose: The purpose of this study was to examine the effects of a face-to-face self-management educational program on knowledge, self-care practice and kidney function in patients with chronic kidney disease (CKD) before kidney replacement therapy. Methods: This study employed a nonequivalent control group, non-synchronized design. Data were collected from 61 patients with CKD visiting an outpatient department of nephrology in a university hospital in Seoul, South Korea. The experimental group (n=31) took the pre-test, then after 3 weeks, face-to-face education and individualized consultation (1st intervention), after a week of self-practice, the 1st post-test, followed by re-enforcement education and consultation (2nd intervention), and 4 weeks later, the 2nd post-test. The control group (n=30) took the pre-test and post-tests at 4 and 8 weeks. Results: Scores for knowledge of CKD and self-care practice over time improved significantly in the experimental group compared to the control group. Kidney function did not improve significantly in the experimental group. Conclusion: Health care providers can identify various and individualized needs, and provide effective education and consultation through face to face self-management for patients with chronic irreversible illnesses. Nurses can coordinate for these program by designing and providing systematic and effective education.

Comparative Study of US and Korean Legal System on the Privilege against Self-Incrimination through Forced Unlocking in Digital Era (디지털시대 강제해독에 따른 자기부죄 거부 권리에 관한 미국과 한국의 제도 비교 연구)

  • Lee, Ook;Jee, Myung Keun;Lee, Dong Han
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.17 no.3
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    • pp.235-241
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    • 2017
  • With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

A Study on the Legal and Institutional Position and Role of Korean Medicine Doctors working at Public Health Center (보건소 근무 한의사의 법.제도적 지위와 역할에 관한 연구)

  • Im Jin-Taek;Lee Sang-Ryong
    • Korean Journal of Acupuncture
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    • v.19 no.2
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    • pp.149-165
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    • 2002
  • Objective : We proposed fundmental rules of prospective on legal and institutional position and role of Korean medicine doctors working at public health center. Methods : By the result of this research on the current situation, the grade and allowance given to the Korean medicine doctors working at public health center were different every self-governing body. Results : The reason the Korean Medicine Doctor can't serve as a regular order of 5th grade is that the 'The Enforcement Regulation about Administrative Organization and the Standard of Pixed Number of person of Self-Governing Body(지방자치단체의 행정기구와 정원기준등에 관한 규정 시행규칙)' prescribes the number of regular order of 5th grade is regulated within 7% among the number of regular order officials. But not appointing to office as the regular order of 5th grade infringes on the Constitution, the highest law. The reason the Korean Medicine Doctors can't be appointed to office as the regular order officials by the self-governing body is that 'The Enforcement Order of the Law of Preservation of good health of Local Area(지역보건법시행령)' prescribes the Korean Medicine Doctors are not indispensable to Public Health Center. But in fact, the Korean Medicine Doctors can execute many kinds of work such as medical examination or instructing house nursing. Conclusion : The Korean Medicine Doctors working at Public Health Center serve at low positions as daily use or common use, not receiving a regular order. All laws including the Constitution(헌법), the Medical Services Law(의료법), the Law of Preservation of good health of Local Area(지역보건법), the National Public Service Law(국가공무원법), the Local Public Service Law(지방공무원법) and the Law of Higher Education Law(고등교육법) describe that the Korean Medicine Doctors and the Western Medicine Doctors are equal to their position and right.

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A Research on Efficient Legislation of the Enforcement Regulation of Management Law of Vehicles focused on Notice Procedure of Specification (국내 자동차관리법 시행규칙상 제원통보 규정의 효율성 제고를 위한 정비방안 연구)

  • Yu, Minsang;Kim, Jaebu;Pyun, Moosong;Ahn, Jounghak
    • Journal of Auto-vehicle Safety Association
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    • v.12 no.1
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    • pp.46-51
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    • 2020
  • Korea is the only country in the world where the regulation of vehicle homologation has been changed from "Type Approval" to "Self-Certification". But there are some regulations that have not been fully changed, so they became double-regulations. In this research, we find out double-regulations in Self-Certification systems focused on "Specification Notice Procedure", and suggest a proposal of amendment to avoid duplication. Through the research, we can reduce unnecessary requirements about homologation, management of vehicle and administrative procedure significantly.

A Case Study of Japanese Local Self-Governments Universal Design Policy (일본 자치체의 유니버설디자인 정책 사례연구)

  • Lee, Ho-Soong
    • Archives of design research
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    • v.19 no.1 s.63
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    • pp.27-38
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    • 2006
  • Recently, in each local self-governments Japan, the importation of universal design policy is actively being expanded as a plan to maximize living satisfaction of.citizens within the region. This research investigates the background on how the local self-governments ended up importing the universal design administrative policy, investigates the policies which each self governing bodies have been promoting and presents necessary stipulations following those policies. When we sum up the necessity of promoting universal design by local self-governments, although the we carry various problems in the promoting process in the settlement of provincial era and promoting substantiality of it, we can point out the low birth rate phenomenon, progression of aged people's society, diversification of values as a result of social and economic maturity, etc. as social and economic background. For people's values, as they escape from the economic they attach great importance to economic supremacy, they respect culture, environment, etc. with higher level than economic aspect and the improvement of life's quality is becoming important. Meanwhile, the universal design which is known to many users as a usable design concept as reach to a point where it is getting attention as a basic concept of 21st century design. Today, each of local self-governments in Japan are making various efforts for unperturbed importation and application of universal design to local communities through homepage, universal design guideline or report, various workshops, etc. Especially, there are universal design policies of public areas, facilities, manufacture of other products and information for the contents of the policy. The enforcement of universal design policy puts importance in 1) the process of planning, alteration, policy scheme and decision making 2) the process of policy's enforcement 3) the probation process of all processes and I could find out that equal participation of roles by local citizens, citizen's organizations, companies with the administration hasn't been adopted for each of these processes.

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Biomechanics of stabbing knife attack for trauma surgeons in Korea: a narrative review

  • Kun Hwang;Chan Yong Park
    • Journal of Trauma and Injury
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    • v.37 no.1
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    • pp.1-5
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    • 2024
  • The aim of this paper was to review the biomechanics of knife injuries, including those that occur during stabbing rampages. In knife stab attacks, axial force and energy were found to be 1,885 N and 69 J, respectively. The mean velocity of a stabbing motion has been reported to range from 5 to 10 m/sec, with knife motions occurring between 0.62 and 1.07 seconds. This speed appears to surpass the defensive capabilities of unarmed, ordinarily trained law enforcement officers. Therefore, it is advisable to maintain a minimum distance of more than an arm's length from an individual visibly armed with a knife. In training for knife defense, particularly in preparation for close-quarter knife attacks, this timing should be kept in mind. Self-inflicted stab wounds exhibited a higher proportion of wounds to the neck and abdomen than assault wounds. Injuries from assault wounds presented a higher Injury Severity Score, but more procedures were performed on self-inflicted stab wounds. Wound characteristics are not different between nonsuicidal self-injury and suicidal self-wrist cutting injuries. Consequently, trauma surgeons cannot determine a patient's suicidal intent based solely on the characteristics of the wound. In Korea, percent of usage of lethal weapon is increasing. In violence as well as murders, the most frequently used weapon is knife. In the crimes using knife, 4.8% of victims are killed. Therefore, the provision of prehospital care by an emergency medical technician is crucial.

A Study on Characteristics and Prevention of Arson (방화 범죄의 특성과 예방에 관한 연구)

  • 최종태
    • Fire Science and Engineering
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    • v.15 no.2
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    • pp.31-45
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    • 2001
  • A purpose of this study is to enhance the concern and cognition of people and to search for the effective approach on the control of crime arson which is increasing recently. To accomplish this purpose, it is important to organize three other factors, such as enforcement and strengthening of residents self defense system about fire, establishment of more complicated arson control system of the public agency, and strengthening the correction activity of arson psychologically. It is necessary to construct the cooperation system between community police and fire police and to enforce the friendship between residents and public agency.

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Internet Addiction, Internet Expectancy, and Self-Efficacy in Elementary School Students (초등학생들의 인터넷 중독과 인터넷 기대 및 자기효능감)

  • Lee Inn-Sook
    • Child Health Nursing Research
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    • v.9 no.4
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    • pp.376-383
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    • 2003
  • Purpose: The purpose of this study was to investigate the status of internet addiction, internet expectancy, and self-efficacy in elementary school students. Method: The study was carried out during the period from June 16 to July 12, 2003. The subjects in the study were 397 elementary students attending four elementary schools in Chungcheongbuk-do and Kyunggi-do. Self-rating questionnaire included general characteristics, internet addiction scale, internet expectancy scale, and self-efficacy scale. Data was analyzed using SPSS/WIN10.0 by unpaired t-test and Pearson corelation coefficient. Result: In this study, the mean score of internet addiction was 20.7. Internet dangerous group was 12.6% and internet addicticted group was 0.3%. The score of internet addiction was significantly different according to parents' concern, aversion to school life and extracurricular lecture. The mean score of internet expectancy was 27.1. The score of Internet expectancy was significantly different according to popularity among friends and easiness of making friends. The mean score of self-efficacy was 55.8. The score of self-efficacy was significantly different according to conversation with parents, enforcement of parents on learning, aversion to school life, aversion to extracurricular lecture, existence of intimate friend, popularity among friends(p=.000), and easiness of making friends. Conclusion: This study showed that prevalence of internet addiction was much lower than expected, but the score of internet addiction and internet expectancy can be different according to parents' concern and relationship with friends. Therefore parents must be concerned about their children and their school lives to prevent internet addiction.

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