• Title/Summary/Keyword: 분쟁예방

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Improvement in the Medical Dispute Mediation System of Korea Consumer Agency (한국소비자원 의료분쟁 조정제도의 개선방안)

  • Jeon, Byong-nam
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.255-288
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    • 2015
  • It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

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A Study on the Improvement Legal System for Dispute Settlement related to Game Payment of Minors (미성년자 게임결제 관련 분쟁 해결을 위한 법제개선 연구)

  • Kim, Sang-Tae;Huh, Joon-Young
    • Journal of Korea Game Society
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    • v.18 no.6
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    • pp.121-130
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    • 2018
  • Game users purchase contents in order to enjoy games, which is the case as for minors. The most frequently used payment method for minors' purchasing game contents is many kinds of gift certificates. Other payment methods include adding the payment to their cellular phone bills and charging it to their parents' credit cards. Although such payment methods are easily used due to convenience, consequent disputes are also continuously increasing. Both users and game service providers suffer damage due to the disputes related to game payments by minors and, in some cases, such problem also becomes a social issue. The purpose of this study is to present data for the standardization of refund policy (system) for payments made by minors by investigating and analyzing the laws and institutions related to game payments by minors and examining relevant dispute cases, in order to prevent and solve such disputes efficiently.

The Settlement of Conflict in International Space Activities (우주활동에 있어서 분쟁의 해결과 예방)

  • Lee, Young-Jin
    • 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.

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노무연재 ⑰ - 근로계약서 작성의무

  • Hong, Su-Gyeong
    • 월간 기계설비
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    • s.319
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    • pp.86-90
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    • 2017
  • 근로계약 체결 시 사용자는 법적 의무를 준수하기 위해 반드시 명시하여야 할 사항은 근로계약서에 기재하고, 기타 개별 근로자와의 특별한 계약내용 및 기업의 인사관리정책상 계약서에 반드시 명시하여야 할 내용이 있다면 계약서에 서면으로 명시하는 것이 계약당사자간 신뢰를 확보하고 분쟁을 예방하는 방안이라 하겠으며 취업규칙에 위임하는 통일적인 근로조건 사항에 대해서는 취업규칙을 열람하게 하는 것이 바람직합니다.

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A Study of the Prevent Measure by Case Analysis of Apartment Building Defect Lawsuit (공동주택 하자소송 사례분석을 통한 분쟁방지 대책에 관한 연구)

  • Pyeon, Su-Jeong;Kim, Jong-Ho;Kim, Gyu-Yong;Choe, Gyeong-Chol;Son, Min-Jae;Nam, Jeong-Soo
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.4
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    • pp.257-268
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    • 2021
  • This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

Prevention and Resolution of Conflicts on Development and Environment in Korea (개발관련 갈등의 예방과 해소방안)

  • Lee, Jong Ho
    • Journal of Environmental Impact Assessment
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    • v.22 no.1
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    • pp.51-64
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    • 2013
  • 정부 주도의 대규모 개발사업은 개발과 환경보전이라는 가치관의 차이, 개발로 인한 공익과 환경 파괴로 인한 환경이익 침해와 같은 공익 간의 상충, 사업으로 예상되는 국익과 개인의 재산권 침해 등과 같은 문제를 초래하는 경우가 많았다. 그럼에도 불구하고 정부는 개발정책과 계획을 수립하고 개발사업을 집행하는 과정에서 발생되는 자연훼손이나 환경파괴, 경제적 타당성, 사회적 문제 등을 객관적이고 과학적으로 조사하거나 제대로 검증하지 않아 갈등이 빈번하게 발생하였다. 이러한 갈등을 해결하기 위한 기존의 연구는 대개 갈등의 원인을 이해관계, 가치관, 사실관계, 제도 측면에서 규명하고 해결방안으로 주로 주민참여와 거버넌스, 전략환경평가, 사회영향평가 등을 제시하였다. 본 연구에서는 한국에서 1980년대 중반이후 주요 개발갈등사례를 개발사업 종류, 갈등당사자, 갈등 쟁점, 갈등 원인, 선거공약 여부, 소송 여부에 따라 정리한 후, 갈등 예방과 해소를 위한 법과 제도를 고찰하였다. 그리고 선거공약 또는 개발정책 및 계획안 구상단계, 개발정책 및 개발계획 수립 단계, 개발사업 시행단계, 갈등 분쟁 발생단계 등으로 구분하여 갈등예방 및 해소방안을 제시하였다. 선거공약 단계에서는 공직선거법상 선거공약서 규정에 국가재정법상 예비타당성분석을 도입하고, 개발정책 및 개발계획 수립단계에서는 전략환경평가와 갈등영향평가의 연계, 전략환경평가과정에 사회영향평가 및 주민참여의 강화, 환경계획과 개발계획의 연계 등을 제시하였다. 개발사업 시행 단계에서는 환경영향평가 과정에서의 주민참여를 강화하고, 개발사업 시행단계에서 갈등이 발생하는 경우 거버넌스 구축과 환경분쟁조정법, 공공기관의 갈등예방과 해결에 관한 규정 등을 근거로 하는 갈등해소방안을 제시하였다.

A study on a consumer protection system to prevent B2C electronic commerce disputes (B2C 전자상거래 분쟁예방을 위한 소비자보호시스템 연구)

  • Kim, Kee hong;Kim, Dong-Chul
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.107-119
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    • 2017
  • In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

A Study of Conflict Resolution and Polocy of the Housing Redevelopment Business (주택재건축사업의 분쟁해소 방안과 정책에 관한 연구)

  • Kim, Jin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.5
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    • pp.1109-1115
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    • 2012
  • The housing redevelopment goes on smoothly, because it has problem that prevent theory and alternative policy. The conflict factors may remove to the problem before. This study has proposed that is universally applicable to the housing redevelopment and the conflict factors was supplied effective use of resources. This paper get the conclusion as a survey. first, It have a conflict solution for successful housing redevelopment business. Second, reconstruction business process categorized four stage. Third, It suggest an alternative about reconstruction business manage and systematization.