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중재의 준거법 선택과 당사자 자치의 제한 : 국제스포츠중재를 중심으로
유소미(So-Mi Yoo) 한국중재학회 2021 중재연구 Vol.31 No.2
Sports disputes have specific characteristics compared to disputes that arise in the field of commerce. One particularity is the judicial system in which the CAS plays a key role as the International Supreme Court for sports-related mat ers. The CAS Code ap lies whenever the parties agre to submit a sports-related dispute to the CAS(Art. R27). Once the parties to the arbitration agre ment have decided that the CAS Code should govern their proce dings. The parties’ autonomy is, however, limited to the provisions of the CAS Code that provide for such a cor esponding autonomy. The ap lication of the mandatory rules contained in the CAS Code can ot be excluded. In CAS appeals arbitration proce dings, the Panel shal decide the dispute ac ording to the ap licable sports regulations and, subsidiarily, to the rules of law chosen by the parties(Art. R58). In international sports disputes, the uniform ap lication and interpretation of the relevant regulations are es ential. Therefore, Art. R58 should be ap lied as a mandatory rule without any changes. Regulations of the sports organizations are to be qualified as valid rules of law. CAS panels may also ap ly the so-cal ed lex sportiva to the merits before considering statutory provisions of national jurisdictions. In this way, the specificities in (international) sports disputes can be taken into ac ount without the ne d to further examine the application of national legal standards.
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스포츠윤리 확립을 위한 법제도적 개선 방안 - 스포츠윤리센터를 중심으로 -
남기연 ( Nam Kiyeon ),유소미 ( Yoo Somi ) 단국대학교 법학연구소 2020 법학논총 Vol.44 No.4
Recently, a triathlon athlete committed suicide due to a physical assault by her team members. The problem of human rights violations in the sports world is again raising public resentment. The victim notified the relevant organizations, the Korean Sport & Olympic Committee(KSOC), and the police to ask for help. However, she did not receive the necessary relief measures in a timely manner. Sports organizations provide disciplinary matters related to sports corruption and human rights violations committed by members and exercise their disciplinary power by imposing sanctions on their members, such as ineligibility sanctions and disqualifications. However, it is a reality that in the sports world, human rights violations against athletes have been tolerated under the name of practice. Being aware of this problem, the Korea Sport Ethics Center(KOSEC), an organization to eradicate sports corruption and human rights violations in sports, has been established. The KOSEC is an independent corporation under the Ministry of Culture, Sports and Tourism, which has the right to investigate cases, to accuse to investigation agencies, to request disciplinary action, and to build and operate a disciplinary information system. However, even before the foundation of the KOSEC, sports human rights organizations with similar authority had been operated. Their efforts were, however, considered insufficient. Therefore, measures to derive more differentiated results from the existing system should be prepared. First of all, there is a need to introduce a special judicial police officer system. In the absence of the right to investigate, there is a limit to the investigation of the case because it is necessary to rely on the cooperation of related sports organizations or investigation agencies. In addition, as sports organizations are obligated to create and maintain a fair sports environment and protect athletes, employers’ liability for misconduct such as (sexual) violence and match-fixing of members should be strengthened. Furthermore, in order to create a fair sports environment, the ethics of sportsmen is essential, so systematic and effective ethics education for sportsmen should be conducted.
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신생아 건강의 지표로서의 제대혈의 pH와 Apgar점수
김동진,진건,장은주,이재석,유소미 대한산부인과학회 1990 Obstetrics & Gynecology Science Vol.33 No.9
저자는 1년에 걸쳐 분만 산모의 제대혈의 pH와 신생아의 Apgar점수 및 질병 유무의 상관 관계를 조사하였던 바 다음과 같은 결론을 내렸다. 1. 불량한 Apgar 점수를 보인 많은 신생아들에서 산성증을 보인 경우가 적음으로 분만 산모의 제대혈의 pH와 신생아의 Apgar 점수의 상관 관계는 불량한 것으로 사료된다. 2. 신생아의 건강 상태를 예견하는 것으로 제대혈의 pH와 신생아의 Apgar 점수의 감수성이 그리 높지 않아 분만시 통상적인 제대혈의 분석은 임상적으로 초기 샌생아의 건강 상태 평가 및 관리에 유용하지 못한 것으로 사료된다. For determining the clinical usefulness of cord blood pH and Apgar scoring to estimate the neonatal health, specimens of umbilical cord blood were obtained from 121 deliveries in one year. A nimber of babies who were born in vigorous state were in fact acidotic(umbilical artery pH$gt;1SD below mean). Eighty percent of acidotic babies showed Apgar score?7 at 1 minute, and all acidotic babies showed Apgar score$gt;7 at 5 minute. A X² analysis of arterial pH and Apgar score at 1 and 5 minutes indicated that a larger number of sick babies had Apgar score $lt; 7 and adicosis than well babies. However, the sensitivity values of the Apagar score at 1 minute (0.33), and 5 minutes (0.13), and the arterial pH(0.53) for predicting sick children limit the clinical usefulness of the tests. As a result, Apgar score have poor relation with cord pH and umbilical blood pH & gas analysis add little advantage in neonatal evaluation and further management.
ScienceON
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