• The Science & Technology
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• s.543
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• pp.60-64
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• 2014

• Journal of the Korea Institute of Building Construction
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• v.11 no.3
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• pp.208-220
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• 2011

Recently, the arbitration system for defect disputes has been introduced to settle the disputes arising from defects in apartment buildings. However, the conciliation system did not reflect the current technical issues of defect disputes and the opinions of each party involved in the disputes. Moreover, it revealed more imperfections in the content and the process of the system itself. Therefore, this study aims to review the technical aspects of defect disputes, and suggest an alternative to the conventional conciliation system. This paper also discusses logical factors that can be addressed for the current subjective judgment. It is recommended that each party involved in the defect dispute build mutual trust in order to meet social needs, which is the underlying support for the revitalization of the institutional level.

• The Journal of the Korea Contents Association
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• v.17 no.7
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• pp.487-497
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• 2017

South Korea needs reorganization of dispute resolution system due to the frequent occurrence of a case that trade secret or technique are leaked. First, the distributed various laws are established and enforced by enacting and enforcing individual laws. Therefore, the redundancy problems, the collision of individual laws, the decline in diversity, integrity, and connectivity are issues. An independent legal system is needed by Act on the Prevention and Protection of Technology Leakage. Thereby, The support system of technological protection that is sprayed in government departments such as the Small and Medium Business Administration, the Ministry of Trade, Industry and Energy, the Patent Office, the Fair Trade Commission, the Trade Committee, the National Police Agency, and the Spy Agency integrates and unifies institutionally, and it is necessary to advance a policy with functional division. Second, the Patent Tribunal, the Invention Promotion Act, the Industrial Property Right Dispute Mediation Committee by the patent law, the Industrial Technical Dispute Mediation Committee on the Industrial Technology Outflow Prevention and Protection Law and the Medium and Small Firm Dispute Mediation and Arbitration Committee on Small Business Technology Protection Support Law are installed. However, since it established the integrated law on the Act on the Prevention and Protection of Technology Leakage, it is desirable to set the merged operation of establishment on the Technical Dispute Mediation Committee under the Small and Medium Business Administration or the Ministry of Trade, Industry and Energy.

• The Inventors News
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• no.25
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• pp.13-13
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• 2004

전자프런티어재단 10개 기술특허 무효화 주장 - HP와 게이트웨이, 특허분쟁 치열 - 미국과 중국 반도체 분쟁 타결 합의

• Journal of Korea Technology Innovation Society
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• v.11 no.1
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• pp.23-45
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• 2008

The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. There is a high possibility that aggressive patent policy and black box strategy of Japanese enterprise can be a burden to Korean enterprises. Thus, a policy should be established against the technology protectionism. The policy can be based on a strategy about international cooperation policy of KIPO and strategy against infringement of overseas intellectual property rights. Of course, collaboration and cooperation will be activated among the advanced countries including technical cooperation. However, a systematic strategy of intellectual property rights should be focused on international cooperation and countermeasure against infringement of overseas intellectual property rights because national interest takes precedence over any other interest especially in case of strategically owing industry. A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, construct confidence as social capital etc. Enterprises have to maintain no Patent no Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of patent pool, strive for specialization regarding technical transfer and license management.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• The Journal of the Korean dental association
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• v.36 no.7 s.350
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• pp.503-512
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• 1998

건강과 의료에 관심이 높아지면서 의료수요는 날로 증가하게 되었고 이에 따르는 의료분쟁 또한 증가하는 추세이다. 본의 아니게 발생한 의료사고는 의료분쟁으로 발전하게 되는데 과실과 악결과 그리고 이에 따르는 인과관계와 책임여부를 따지게 된다. 이를 규명하기 위해서는 의료인은 주의의무와 설명의무를 잘 수행했는지와 환자 또한 의무를 잘 수행했는지를 평가하게 된다. 일단 의료분쟁이 생기지 않도록 최선의 진료와 환자와의 대화가 요구되며 분쟁시 화해, 조정, 소송 등으로 해결하며 이 과정 각각에서의 준비와 대책을 세워야 할 것이다. 현재의 상황에서 언제 어디서 일어날지 모르는 의료분쟁을 방지하려면 진료기술의 숙련도를 높이고 발전하는 새로운 의학 정보를 얻는데 게으르지 말아야하며 특히 환자를 대하는데 진단, 치료과정, 치료의 후유증, 위험성에 관한 자세한 설명을 통하여 환자 스스로 결정할 수 있는 의료환경이 요구되며 가장 기본적인 의료기록부 작성에 관심을 가져야 할것이다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2023.05a
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• pp.175-175
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• 2023

해상구획선의 정밀도는 연안에서의 법 집행, 경제권, 해양환경 보호와 밀접한 연관이 있다. 하지만 기술적 한계로 인해 일정 수준의 오차가 존재한다. 이 연구에서는 각 분야 마다 분쟁 가능성을 살펴보고 대응방안에 대한 제안하였다.

• Journal of Korea Technology Innovation Society
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• v.18 no.1
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• pp.49-72
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• 2015

The patent war between Apple and Samsung which started in the year of 2011 presents us a good example of a multifaceted technological strategies, frequently found in high-tech industries. The patent litigation represents a competitive structure, while the patent citation of counterpart's technology demonstrates the underlying cooperative relationship between two leading firms in smart-phone industry. However, the previous studies have mostly concentrated on one aspect in inter-firm relationship, providing only a partial aspect of technological management issues often faced by high-tech companies today. We also have a limited understanding on the technological trajectory or how the core technology evolve over time in high-tech industry where technological knowledge is the main source of competitive advantage. To overcome the drawbacks in the previous studies, we examine the coopetitive nature of inter-organizational relationship with simultaneous perspectives of competition and cooperation in smart-phone industry. To this end, this study analyzes patent-litigation for revealing the competitive nature and patent-citation network for the cooperative nature by utilizing patent citation data. By doing so, we identify the specific patterns of technological knowledge flows and the direction of technological strategy and the relevant policy under the circumstance of coopetition ecosystem.

• Korean Journal of Construction Engineering and Management
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• v.23 no.5
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• pp.3-14
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• 2022

Construction projects have high potentials of claims among a variety of stakeholders. Claims on their own are not disputes but they have high potentials leading to disputes if agreements are not made between parties due to conflicting opinions. In the event of the construction disputes between clients and contractors, it could give negative impacts to both parties and, to minimize or pro-actively manage construction disputes, the role of clients is more significant. The objective of the study is to analyze a level of associations between the types of disputes and causes of construction projects based on the association rule analysis, and to identify and discuss key characteristics and implications from client's perspectives. The study analyzes associations between the types of disputes and causes, and also identifies those with a high level of associations. It also presents the outcomes of more systematic analysis compared to descriptive statistics just based on frequencies. Through the analysis of the data cases, the study proposes the directions to resolve the causes of disputes from client's perspectives. It can assist to improve understandings of the relationships between the types of disputes and causes and to pro-actively manage the disputes of construction projects.