• Title/Summary/Keyword: 분쟁해결 방법의 구조

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Derivation of Mediation Proposals for Resolving Water Conflicts Using Game Theory (게임이론을 이용한 물 분쟁 해결의 조정안 도출)

  • Kim, Kil-Ho;Lee, Myoung-Woo;Yi, Choong-Sung;Shim, Myung-Pil
    • Proceedings of the Korea Water Resources Association Conference
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    • 2006.05a
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    • pp.1352-1356
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    • 2006
  • 우리나라에서 물과 관련된 분쟁은 민주화와 지방분권화가 가속화됨에 따라 갈등의 주체뿐만 아니라 전개양상까지도 다양하게 변화되고 있다. 최근에는 이 같은 갈등구조가 심화되고, 다양한 형태로 표출됨에 따라 사회불안요인으로까지 확대되고 있어 합리적이고 효율적인 분쟁해결을 지원하기 위한 방법론이 필요한 실정이다. 본 연구에서는 대안적 분쟁해결(ADR, Alternative Dispute Resolution)의 기법 중 하나인 조정(mediation)과정에서의 조정안 도출을 위해 게임이론을 적용하였다. 게임이론에 의한 합리적 해는 제시된 조정안에 객관성을 부여함으로써 의사결정과정의 신뢰성을 향상시킬 것으로 기대된다. 본 연구를 통해 제시한 방법론을 지역 간물 배분과 관련한 가상의 분쟁상황에 적용하였으며, 동적완비정보게임(dynamic complete information game)에서의 교섭게임(bargaining game)으로 구성한 뒤, 경기자(players) 간 배분비율과 배분량을 도출하였고, 이를 편익함수에 의한 양 경기자의 부족편익과 초과편익을 비교하여 그만큼의 편익 차를 보상해주는 조정을 모색하였다. 본 연구는 제3자(third party)에 의한 조정안 제안 시 객관적이고 합리적인 해를 제공하여 이해당사자들이 합의를 이끌어 내는 데 크게 기여할 수 있을 것으로 사료된다.

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Governance for the Negotiation and Management of Water Resources related Conflicts (수자원과 관련된 분쟁 및 갈등의 조정을 위한 거버넌스)

  • Lee, Joo Heon;Kim, Hyung Soo;Hong, Il Pyou;Kang, Bu Sik;Kim, Kwang Hun
    • 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.

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Auto Service Call System to activate the Electronic Litigation System (자동상담시스템도입을 통한 전자소송시스템의 활성화모색)

  • Song, Keyong-Seog
    • Journal of Digital Convergence
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    • v.10 no.8
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    • pp.39-44
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    • 2012
  • The objective of this paper is to provide the conceptual selection framework of SLA metrics to maximize the operation efficiency and satisfaction of IT outsourcing and how to select most efficient auto service call center and system. With these metrics, both customers and service providers can measure service performance of IT outsourcing service. Hence, it is expected to boost operation efficiency and customers' satisfaction. In that sense, this study gives the value to both outsourcing and outsourced companies through suggesting the proper SLA metrics selection framework which provides the standards of service performance measurement and the management of IT outsourcing service in accordance with their business strategy quantitatively and qualitatively. Also we perform a survey for two customers in real business to prove the logicality of this selection framework is working and to find out relationship between SLA practice and customers' satisfaction while they outsource their IT service.

The Legal Structure of Guard & Security Contract and the Prevention & Resolution Method of Security Disputes (경호경비계약의 법적 구조 및 분쟁의 예방과 해결 방안)

  • Ahn, Sung-Cho
    • Korean Security Journal
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    • no.11
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    • pp.129-157
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    • 2006
  • With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

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A Study on the Resolution of Trade Disputes by Mediation (조정에 의한 무역분쟁의 해결방안 고찰)

  • Jang, Eun-Hee;Hwang, Ji-Hyeon
    • Korea Trade Review
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    • v.43 no.5
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    • pp.139-158
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    • 2018
  • As trade volume increases and the business environment becomes more complex and competitive, international trade disputes are also increasing and becoming more complex. Parties need to become more aware of alternatives to costly and time consuming arbitration and litigation. The ADR (Alternative Dispute Resolution) can encompass all dispute resolution processed and can act as a substitute for traditional litigation. Mediation, a type of ADR, offers an amicable dispute settlement mechanism between concerned parties through a natural mediator. There are several strong points of mediation compared with litigation or arbitration. First of all, mediation can take place without having to complete time-consuming and expensive discovery processes associated with litigation. In addition, since mediation is considered a private process, the dispute can remain out of the public eye. It can be embarrassing and disrupt business when customer or suppliers learn that a company is involved in litigation. Lastly, mediation is less adversarial than litigation or arbitration, so the parties often can salvage their relationships. Often the parties to mediation find themselves continuing to conduct business. In spite of such benefits of mediation, it is less used in Korea and therefore, this article aims to promote the mediation system in international trade disputes. However, this paper has limitation, for example, why ADR is not used well in Korea and need to suggest how ADR can work best in international trade disputes.

신관리기법으로서의 산업공학(I.E)

  • 신현구
    • Cement
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    • s.40
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    • pp.4-11
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    • 1971
  • 최근 우리 나라에서도 경영합리화와 생산성향상의 문제가 활발하게 논의되고 있고, 또한 이와 동시에 기업을 경영하는데 있어서 계획 및 관리의 필요성이 강조되고 있다. 이와 같이 기업환경의 급속한 구조 변화에 대비하여 본론에서는 생산성향상을 위한 가장 중요한 경영관리 기법중의 하나인 I.E(Industrial Engineering)에 대하여 소개하고저 한다. 본래 I.E는 그 수법이나 대상에 있어서 자연과학이나 사회과학분야에서 활용되고 있었으나 미국의 F.W.Tayler 박사가 이를 최초로 경영학적 측면에 도입, 적용하였다. 1890년대에 미국은 공업생산국으로서 산업근대화에로의 발전과정에서 경영자측은 기술이나 방법에의 개선에 의한 산출량 증가로서 노동자의 임금절하를 기도하고 있는 노동자측은 태업으로 임금문제를 해결하려고 하였다. 따라서 F.W.Taylor 는 산업발전에 최대의 장벽인 임금문제의 기술적인 해결에 주력하여 노사간의 분쟁을 $\ulcorner$성과급임금제도$\lrcorner$로서 조정하기 위해 $\ulcorner$과학적 관리법$\lrcorner$(The Scientific Management)을 체계화시키기 위한 일련의 작업에 착수하였다. 이외에도 테일러는 임금문제에 관련된 생산성 향상 문제까지도 연구발전시켜 생산계획$\cdot$공장관리$\cdot$작업조직$\cdot$자재관리$\cdot$공정관리 등의 전반적인 공장관리 문제를 해결하기 위하여 $\ulcorner$공장관리$\lrcorner$(Shop management)를 발표하여 I.E의 체계를 확립시키는 계기를 마련하였다. 이와 같이 I.E는 미국을 중심으로 발생한 것이지만 그간 우리나라에서도 도입 적용되어 발전되고 있음을 감안할 때 한국양회공업협회가 본기법에 대하여 관심을 갖고 일련의 조사활동을 시작한 것은 매우 의의있는 일이라 할 수 있다.

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Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court's Judgements - (선택적 중재합의의 유효성에 대한 판례분석 - 대법원 판례를 중심으로 -)

  • Chung, Young-Hwan
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.3-24
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    • 2009
  • This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

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Research on the impact of Korea-China trade following the reopening of China (중국 리오프닝에 따른 한중 무역의 영향에 대한 연구)

  • Dong Ho Kim;Dong Ye Jiang
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.2
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    • pp.245-255
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    • 2024
  • This study will look at various implications of China's resumption of trade with Korea, such as trade restructuring, changes in trade policies and the impact on corporate competitiveness, and how the two countries resolved trade disputes. We will evaluate the evolution of trade between China and Korea from a historical and economic perspective, analyze how policy changes have shaped corporate strategies, and discuss how these changes have affected both countries' positions in the global economy. Through this study, we aim to provide a deeper understanding of regional economic cooperation and global economic governance and insight into future policy decisions.

P2P DRM Algorithm for the protection of contents copyright (콘텐츠 저작권 보호를 위한 P2P DRM 알고리즘)

  • Ha Tae-Jin;Kim Jong-Woo;Han Seung-Jo
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.8 no.8
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    • pp.1783-1789
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    • 2004
  • It is evaluated that there is infinit capability of creating new e business using P2P program. but the research for the method to protect the copyright of digital contents is urgent even for development of the p2p service because the problem of copyright protection for digital contents is not solved. Though this article, it can be induced that reliable contents sharing use to a flow fund by secure settlement architecture, user authentication and contents encryption and then it as the problem of copyright fee is solved, it is able to discontinue which trouble with a creation work for copyright fee and protection it's once again as growth of p2p market, p2p protocal is will be grow into a important protocal of advanced network. In this article, When users send digital contants to each other in internet, we proposed the P2P DRM algorism to offer a security function which using the technology of copyright management to use a AES Algorithm based on PKI.

A Case Study on the Risk Sharing Structure of Service Contracts in Global Logistics Outsourcing: Comparison of Korea with Foreign Companies (국제물류 계약에서 리스크 공유에 대한 계약서 조항 사례연구 : 국내와 해외 기업 간 비교를 중심으로)

  • Kim, Jin-Su;Song, Sang-Hwa
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.35-65
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    • 2013
  • In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

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