• Title/Summary/Keyword: 분쟁예방

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문화와 경쟁(II) : 노예계약? 스타변심?

  • 서헌제
    • Journal of Korea Fair Competition Federation
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    • no.117
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    • pp.2-7
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    • 2005
  • 연예계에 있어서 강자와 약자의 지위는 고정된 것이 아니라 대중의 인기라는 매우 불안정한 상황에 의존한다. 그러므로 연예인 매니지먼트 전속계약의 효력에 대해서는 단순히 강자와 약자라는 고착화된 논리로서 접근할 것이 아니라 기획사와 소속 연예인들 간에 상생이라는 관점에서 신인발굴에서부터 훈련 그리고 스타로서 뜬 이후의 상황 등을 종합적으로 고려하여 그 불공정성 여부를 가려내어야 할 것이다. 그리고 이러한 종합적인 기준에 기초해서 당사자간에 합당한 계약조항을 표준계약이나 표준약관의 형식으로 제정하여 보급하는 것도 분쟁의 예방에 있어서 좋은 방법이 될 것이다.

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특집 / BM특허분쟁 예방을 위한 법적·제도적 방안

  • Lee, Gyeong-Ran
    • Digital Contents
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    • no.8 s.87
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    • pp.30-37
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    • 2000
  • 새로운 천년의 시작과 함께 휘몰아친 비즈니스 방법특허(BM특허)열풍은 이제 다소 잠잠해지는 분위기다. 여타 분야의 특허에 비하여 특허가 사업에 미치는 영향이 클 것이라는 전제 하에 많은 인터넷 비즈니스 업체들이 너나 할 것 없이 BM특허 열병을 앓았다고 할 수 있다. 그러나 BM 특허로 인한 열병은 이제 잠복기로 접어들었을 뿐, 더욱더 그 위세를 떨칠 것으로 보인다. 한편 BM특허 열병을 앓고 있는 동안 비즈니스 방법을 특허로 보호하지 말아야 한다는 설득력 있는 주장들이 이 열병에 대한 치유책으로서 인기를 얻고 있는 것도 사실이다.

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디지털콘텐츠(S/W) 품질인증제도개선방안

  • 김용재
    • Proceedings of the CALSEC Conference
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    • 2003.09a
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    • pp.268-273
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    • 2003
  • □ e-비즈니스의 활성화로 비대면 거래의 특성과 유료화의 증가에 따른 거래 당사자간의 분쟁을 예방하는 차원에서 디지털콘텐츠의 품질을 향상시키는 방안을 강구 ㆍ우리나라 디지털콘텐츠(S/W) 품질 완성도 향상을 위한 제3차 시험 필요 ㆍ선진국의 기술보호 장벽에 대한 제도적 대안 필요 ㆍ해외 시험소 이용에 따른 비용유출 방지 과다한 초기 투자비용의 부담으로 민간업체에서 운영 불가능 ㆍ사전 검증된 고급품질의 디지털콘텐츠(S/W)공급으로 사용자 구매 촉진 ㆍ고급품질의 디지털콘텐츠(S/W) 공급으로 사용자 만족도 향상르로 우리나라 산업 발전에 기여 ㆍ고급품질의 지지털콘텐츠(S/W) 공급으로 수입대체로 인한 국제 수지 개선 효과

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

Dispute Issues and Improvement of Inter-layer Joints in Apartment Houses (공동주택 층간이음부의 분쟁 쟁점 및 개선 방안)

  • Bang, Hong-Soon;Bae, In-ho;Kim, Ok-Kyue
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.2
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    • pp.129-139
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    • 2021
  • Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

A Study on Improvements of Regulation for the Preventing Commercial Disputes Related to Adjustment of Subcontract Price (하도급대금 조정 관련 분쟁의 예방을 위한 법규 개선방안에 관한 연구)

  • Min Byeong-Uk;Lee Jong-Gwang;Kim Yong-Su
    • Korean Journal of Construction Engineering and Management
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    • v.6 no.1 s.23
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    • pp.186-194
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    • 2005
  • The purpose of this study is to examine the problems of the regulations regarding the modification of subcontact price. It also suggests several measures to improve the regulations related to the subcontact price adjustment which help to reduce unnecessary claims and commercial disputes. The literature research, structure and context analysis on the subcontract regulation and survey are adopted as basic research methods. The primary findings of this study are summarized as the following: (1) A provision outlining necessary procedures that an owner and a contractor should notify a subcontract or the adjustment of contact price needs to be made. (2) A provision allowing procedures that subcontactor could make the alteration of subcontract agreement and adjustment of subcontact price needs to be made. (3) The terminology like a unit cost and the rate of contact price needs to be clearly defined in order to improve the criterions of the subcontact price adjustment. (4) The criterions and additional expenses that the contractors ate responsible far need to be defined.

Developing a Project Management Information System for Construction Claims (건설 클레임에 대비한 정보관리시스템 개발)

  • Wang, Hankyeom;Park, Junil;Choi, Jaehyun
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.4
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    • pp.70-81
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    • 2018
  • Claims in the construction industry can have a serious impact on the profitability of the project or can even result in project failure if it fails to take appropriate prevention. In order to properly prevent and respond to the potential claims and legal disputes throughout the project execution, it is necessary to continuously accumulate informations and clearly define the roles and responsibilities of the important activities systematically. Based on these needs, this study develops and verifies the project information management system(PMIS) that can prevent and respond possible claims for construction projects. Developed system includes such management modules as schedule, cost, PM/CM, design, collaboration, and claims. The system was validated by adopting it to the practical projects. The results showed that information systems tailored to the construction claim need to elevate users' familiarity to be more useful. Besides, the system can be more functional when used by both owners and contractors.

Trade Practice of Surrender Bill of Lading and Prevention of Its Disputes (권리포기 선화증권의 실무관행과 분쟁예방)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.183-203
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    • 2017
  • Two solution approaches have been suggested globally to solve the crisis of bill of lading; that is to say, electronic bill of lading and sea waybill. Electronic bill of lading is not unsettled as a solution to solve the crisis of bill of lading but sea waybill is used on a global basis to do so. The surrendered bill of lading is applied for practical usage instead of sea waybill in a short voyage among Korea, China, and Japan, owing to faster delivery at destination and lower cost than bill of lading. To surrender the original bill of lading, the consignor should submit all originals with a request letter to the carrier of goods with necessary surrender charges, if any, in doing so. Once after receiving the original bills of lading consisting of normally three originals but in some cases five, the carrier stamped "Surrendered" on the front of original bills of lading and sent a message to his counterpart at the port of destination, stating that the original bill of lading surrendered at the port of shipment and the consignee can take delivery of the goods without production of the original bill of lading at destination. The legal regime of the surrendered bill of lading is not settled as it is not considered legally as bill of lading, and the decisions rendered by each nation's courts are different according to the usages of the surrendered bill of lading. The purpose of this paper is to prevent the disputes between parties with regard to the surrendered bill of lading by studying the causes and precautions of disputes in relation to the surrendered bill of lading.

Assessment of Defect Risks in Apartment Projects based on the Defect Classification Framework (공동주택 하자분류체계 기반 하자위험 평가)

  • Jang, Ho-Myun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.61-68
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    • 2018
  • In general, defects cause a lot of maintenance costs and serious damage to various stakeholders, such as the owners, contractors or occupants of apartments. For this reason, a systematic and efficient defect management method is needed to minimize defect disputes. This paper derives a defect classification framework and proposes a defect risk assessment model for different types of defects. For this purpose, 6,000 defect items are allocated to the defect classification framework; these items are associated with 34 apartment projects over ten years old. As a result of this analysis, it was confirmed that the defect risks are concentrated in the areas of RC and finishing work. Based on these results, it is necessary to prevent the major risks of defects according to their priority. Based on this research, it is judged that further research to develop a method of managing the risks of defects may be necessary.

A Study on the Improvement of Damage to Reefer Container Cargo (냉동(冷凍)컨테이너 화물손상(貨物損傷)의 개선방안(改善方案)에 관한 연구(硏究))

  • Park, Sang-Kab;Park, Young-Gil;Shin, Young-Ran
    • Journal of Navigation and Port Research
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    • v.36 no.10
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    • pp.803-810
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    • 2012
  • Since the introduction of reefer container for seaborne transportation, international trade of reefer products has increased continuously with the development of refrigerate technology, increased speed of the ship and change of consumption pattern. Reefer cargo is perishable and sensitive to temperature, humidity compared with general cargo and normally reefer cargo is more valuable than general cargo. Therefore it needs special care for its handling in transit including land and sea in order to prevent cargo damage. However, lots of claims relating to reefer cargo damage rise frequently in workplace. It may increase unnecessary logistic cost and time. The aim of this study is to improve and prevent damage to reefer container cargo in transit for the purpose of benefits to both merchants and carriers to save unnecessary logistic cost and time as well as to contribute to deliver the cargo more safely and efficiently to destination.