• Proceedings of the Korea Water Resources Association Conference
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• 2010.05a
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• pp.879-883
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• 2010

수자원은 다수의 이해관계자들이 관리 또는 이용하는 과정에 있어 분쟁이 발생할 가능성이 매우 높다. 물분쟁의 해결방안으로 분쟁의 이해관계자의 참여와 합의의 형성을 추진할 수 있는 거버넌스에 대한 관심이 최근 들어 증대되고 있다. 거버넌스를 통한 물분쟁 해결을 위해서는 거버넌스 구성원인 정부, 시민, 전문가 집단의 문제해결 능력을 향상시킬 수 있는 교육프로그램과 전문 연구 및 교육기관의 설립이 필요하다. 본 연구는 갈등관련 제도, 국내외의 갈등 관련 연구 현황, 물분쟁 관련 이해관계자 참여 사례, 물 관련 교육프로그램 사례 등에서 시사점을 도출하여 물분쟁의 다양한 주체와 원인을 고려한 교육내용을 바탕으로 거버넌스에서 이해관계자의 능력을 향상시킬 수 있는 교육프로그램을 개발하고, 다양한 이해관계자들의 적극적인 참여를 유도하는 활성화 방안을 제시하여 거버넌스 과정에 참여시키는데 목적이 있다. 본 연구에서는 26개 거버넌스 위원회 및 단체와 국내 물 분쟁에 대한 7가지 교육프로그램의 조사 내용을 바탕으로 교육프로그램이 나아갈 방향과 교육프로그램 개발(안)을 제시하고, 교육센터 설립방안과 교육의 활성화 방안을 제안하였다.

• Journal of Technology Innovation
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• v.20 no.3
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• pp.57-91
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• 2012

This paper investigates determinants of litigation success in the two distinctive types of patent litigations, ex-parte and inter-parte cases, which are brought in the process where a filed application becomes a valid patent right. We regress winning rates of patent applicants on the characteristics of firms, trials, patent lawyer, and patent itself, using a probit model with sample selections. The paper finds that the relative suit rate of a firm, time to be sued, changes of patent agents by applicants, and multiple agents among explanatory variables affect ex-parte reexamination and in-parte post-grant patent trials differently in the point of average marginal effects. These variables lower the probability of applicant's victory in the ex-parte cases, while they raise the probability in the inter-parte trials. However, the experience that agents represent applicants is a winning rate-increasing factor both in inter-parte and ex-parte reexamination, unexpectedly. This result cannot be applied to the entire domain of the variable, since sample selection effects are reflected in the result. The number of claim increases the winning probability of the applicant in the both types of patent litigations. This study has some limitations because it ignores the information on the legal person to which a patent agent belongs, and confined agent's experience to patent filing. We leave it future studies to investigate the effects of lawsuit experience of patent agent, and those of characteristics of the law firm to which individual patent lawyer is affiliated.

• Journal of the Korea Institute of Building Construction
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• v.9 no.5
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• pp.103-110
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• 2009

A construction project consists of a variety of contracts for the completion of work. The large number of contracts involved in a single project increases the likelihood that disputes will arise between the parties involved regarding the terms of service. Actually, there are many disputes that are caused by a change 0 order. While such disputes should be settled by interpreting the terms stipulated in the agreement entered between the two parties, the process of dispute settlement is often restricted to arbitration and lawsuit, and as a result the parties tend to avoid it due to its inefficiency. For this reason, in Korea it is hard to find cases of interpreting terms of service, while in the U.S. it is easy to find diverse cases of interpreting terms of service, since there is a process of dispute settlement by each stage by the party who has placed an order. Therefore, this study presents analysis of case studies of contract changes, looking specifically at changes in the scope of the work, changes in quantity, changes in the period of implementation, changes in the method of implementation or attitude, changes in items provided by the government or the delivery place, and the acceptance of such change procedure by a contractor, and the adjustment of a reduction.

• Journal of the Korea Society of Computer and Information
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• v.19 no.4
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• pp.139-147
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• 2014

Medical disputes the problem that occurs essentially among the rapidly increasing of the demand for health care and the attention of the public health. The subject of dispute is mostly criminal penalties and civil redress due to a physician's medical malpractice, resolved by agreement was prioritized. They trying to solve through the litigation and exercise the skills. But, the lack of clear standards and related legislation make difficult to solve the problem. for this, "The Act of Medical Malpractice Damage's Relief and Mediation for Medical Dispute Resolution" (Medical Disputes Adjustment Act) was enacted in April 7, 2011 and performed in Apr. 8, 2012. To solve the problem autonomously between the parties. It is the legislative intent such as mediation or arbitration to solve the conflict between the parties. But there are some problems that examined from the perspective of constitutional review with the criminal and civil problems. Therefore, this paper will find out the legal issues about Medical Dispute Adjustment Act and the constitutional and civil issues. And want to expect to be prepared the more stable and efficient solution of medical disputes.

• Journal of Labour Economics
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• v.26 no.1
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• pp.53-73
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• 2003

This paper investigates the success factors of labor mediation using the Survey on the Problems and Improvements of Mediation Service by the Labor Relation Commission which was conducted by the Ministry of Labor in 2000. When the parties of labor and management which took mediation service belong to the manufacturing industry and the Minju-nochong, they are found to have less chance to change their negotiation attitude favorably toward agreement in mediation process and to adopt an agreement proposal made by the mediator. Those who took mediation service more frequently in the past tend to have lower chance to make use of mediation service successfully. Those who saw the mediators of their dispute to be qualified with fairness and expertise tend to have higher chance. As the time of mediation meeting lengthens, it is more likely for them to reach an agreement with assistance by the mediators.

• Proceedings of the Safety Management and Science Conference
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• 1999.11a
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• pp.469-479
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• 1999

Internet상의 전자문서, 전자거래 등과 관련된 전자업무에서는 다음과 같은 중요 인증 문제를 필요로 하게 한다. 첫째, 당사자(사용자)의 신분확인 기능(신원확인). 둘째, 전자업무 내용의 정보보호 및 무결성 기능(비밀성 보장). 셋째, 전자행위에 대한 부인봉쇄(분쟁해결) 등이 그것이다. 따라서 이러한 전자업무의 중요 인증 문제와 관련하여 신뢰할 만한 제3자, 즉 인증기관(CA : Certificate Authority)의 확인 및 증명해주는 제도가 필요하다. 위에서 언급한 제 가지 인증 문제 중 전자업무에서의 가장 기초적인 인증 문제인 당사자(사용자)의 신분확인 기능(신원확인)에 대한 문제를 연구하고자 한다.

• Journal of Labour Economics
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• v.28 no.1
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• pp.83-104
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• 2005

The Korean system of labor adjudication on the cases of unfair dismissal and unfair labor practices has been criticized by labor and management in spite of the strong point that the Labor Relations Commission processes the cases quickly. This paper empirically investigates the effectiveness of labor adjudication dealt by the Labor Relations Commission with economic approach. It shows that the grievences of labor and management on the existing labor adjudication system have come from the inadequate processes of labor adjudication rather than the favorable or unfavorable ruling. It also shows that a major deterrent to make an effective labor adjudication system has been not the problems of the selfish attitude and expectation of labor and management but the improper attitude and quality of the member and staff of the Labor Relations Commission.

• Journal of Wetlands Research
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• v.10 no.2
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• pp.97-103
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• 2008

In this study, the structure and role of governance system, which can be adapted as a effective way to negotiate the water resources related conflicts, was presented and the features and a characteristics of the various types of citizen participation model was analyzed. Also, the scientific approach based on Shared vision model, Game theory and Institutional design theory was introduced and applied to current conflict issues in Korea. The governance system with engineering negotiation model, which is presented in this study, can be used effectively in the field of water resources related conflicts to provide the scientific alternatives by participation of water related stakeholders.

• Journal of Korea Game Society
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• v.13 no.3
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• pp.121-130
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• 2013

This paper aims to grasp the status of dispute and relevant issues, focusing on cases resolved by the Contents Dispute Resolution Committee. In consequence, this paper reviewed and addressed many issues like the mobile game of pre-school children, game disputes between telecommunication service providers and other domestic companies, responsibility of game-developing companies, necessity of efforts (led by the service providers) for establishing the system to prevent damage, and increase of awareness on damage redeemed by companies. Additionally, this study enables us to understand that the system of dispute resolution pays a pivotal role to help disputers resolve issues in a reasonable way and that self-imposed confidence is absolutely required in the mobile open market.

• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.356-359
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• 2006

Dispute is construction itself. Serious difficulties ore occurred between contract parties when These disputes have occurred. Authority may fear the defective work if the requirement of contractor is fully reflected in the adjustment of contract. On the other hand the contractor may have fears that no payment or some payment of the extra work or the additional work done will be required. Therefore these problems must be resolved before these result in an enlarged riffle effect. To reduce the fear of the contract parties, ADR(Alternative Dispute Resolution) process were suggested.