• Environmental and Resource Economics Review
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• v.16 no.1
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• pp.3-26
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• 2007

This paper analyzes the effects of asymmetric reimbursement in a delegate model where the lawyers for a citizen and a polluting firm work on a contingent-fee basis. The major findings from the paper are as follows: (i) the asymmetric reimbursement triggers environmental conflicts by increasing the citizens' expected surplus; (ii) it enhances the possibility of settlement by decreasing the magnitude of expected loss less expected surplus; (iii) settlements reduce the total litigation effort levels, thus curtailing the rent dissipation; (iv) The total litigation effort levels increase if the conflicts result in trials rather than settlements.

• 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.

• Journal of Oral Medicine and Pain
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• v.31 no.4
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• pp.283-296
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• 2006

Along with the development of scientific technologies, health care has been growing remarkably, and as the social life quality improves with increasing interest in health, the demand for medical service is rapidly increasing. However, medical accident and medical dispute also are rapidly increasing due to various factors such as, increasing sense of people's right, lack of understanding in the nature of medical practice, over expectation on medical technique, commercialize medical supply system, moral degeneracy and unawareness of medical jurisprudence by doctors, widespread trend of mutual distrust, and lack of systematized device for solution of medical dispute. This study analysed 30 cases of civil suit in the year between 1994 to 2004, which were selected among the medical dispute cases in dental field with the judgement collected from organizations related to dentistry and department of oral medicine, Yonsei university dental hospital. The following results were drawn from the analyses: 1. The distribution of year showed rapid increase of medical dispute after the year 2000. 2. In the types of medical dispute, suit associated with tooth extraction took 36.7% of all. 3. As for the cause of medical dispute, uncomfortable feeling and dissatisfaction with the treatment showed 36.7%, death and permanent damage showed 16.7% each. 4. Winning the suit, compulsory mediation and recommendation for settlement took 60.0% of judgement result for the plaintiff. 5. For the type of medical organization in relation to medical dispute, 60.0% was found to be the private dental clinics, and 30.0% was university dental hospitals. 6. For the level of trial, dispute that progressed above 2 or 3 trials was of 30.0%. 7. For the amount of claim for damage, the claim amounting between 50 million to 100 million won was of 36.7%, and that of more than 100 million won was 13.3%, and in case of the judgement amount, the amount ranging from 10 million to 30 million won was of 40.0%, and that of more than 100 million won was of 6.7%. 8. For the number of dentist involved in the suit, 26.7% was of 2 or more dentists. 9. For the amount of time spent until the judgement, 46.7% took 11 to 20 months, and 36.7% took 21 to 30 months. 10. For medical malpractice, 46.7% was judged to be guilty, and 70% of the cases had undergone medical judgement or verification of the case by specialists during the process of the suit. 11. In the lost cases of doctors(18 cases), 72.2% was due to violence of carefulness in practice and 16.7% was due to missing of explanation to patient. Medical disputes occurring in the field of dentistry are usually of relatively less risky cases. Hence, the importance of explanation to patient is emphasized, and since the levels of patient satisfaction are subjective, improvement of the relationship between the patient and the dentist and recovery of autonomy within the group dentist are essential in addition to the reduction of technical malpractice. Moreover, management measure against the medical dispute should be set up through complement of the current doctors and hospitals medical malpractice insurance which is being conducted irrationally, and establishment of system in which education as well as consultation for medical disputes lead by the group of dental clinicians and academic scholars are accessible.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.97-116
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• 2007

This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

• The Inventors News
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• no.44
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• pp.1-16
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• 2006

한국여성발명협회,제7회 정기총회 개최/2006 대한민국 여성발명품 박람회/제12회 여성발명 우수사례 발표회/새롭게 바뀐 특허분류, 무엇이 달라졌나/해외 특허, 3월부터 무료로 검색 서비스/'디자인 등록증' 취업에 필수 요소 되다/전상우 특허청장 취임식 갖다/인라인 스케이트에도 특허 열풍/김종갑 전 특허청장, 산자부 제 1차관에 임명/공익변리사에게 무료 특허상담 받으세요/전상우 특허청장, 2006년 업무계획 발표/'제41회 발명의 날' 포상계획 공고/특허기술동향조사 확대/상표 불사용 취소심판 제도 개선/한국특허정보원, 한양대학교와 업무협약 체결/담배 상표, 다등록업체 1위KT&G/계절 관련 상표 출원, '봄'을 가장 선호/사회적 취약 계층, 심판.소송 비용 지원/국제문화대학원대학교,'국제 특허.경영학, 통해 전문가 과정 양성/'2006 대한민국 특허기술 이전박람회' 신청 접수/산업재산권분쟁조정 효력, '재판상 화해'로 강화/점차 늘고 있는 '유방암' 자가 진단법/'태국 발명가의 날 전시회' 한국발명진흥회 참가/'상표 판결문 요지집' 발간/역사 속의 발명품/하루 10분 발명교실/특허Q&A/'신뢰와 성실로 지식재산의 권리화를 돕겠습니다'/설봉초등학교 발명교실/아이디어 착상 및 발명 기법/사업화 지원 제도를 제대로 활용하려면/손님의 주문으로 만든 다니의 단팥죽/일본과 유럽, 브라질 디지털 방송 쟁탈전/미국, 도요타 흔들기 나섰다/새집증후군, 시스템 환기로 줄인다/공무원이 대나무로 분뇨 구린내 잡았다/획기적인 '기능성 목발' 탄생/발광 현수막, 눈에 띄네/리빙 아이디어/특허기술평가수수료 지원/한국여성발명협회 회원사 발명품 가이드

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.125-167
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• 2003

ADR program is designed to solve the problem such as the increase of suits and decision delayed. ADR program has the several significances, decreasing inappropriate cost as time and burden of courts, providing an approachable measure of relief and more efficient tool for settlement of dispute. Particularly ADR program satisfies the needs Intellectual property disputes need specialists that are versed in the subjected problem and, need to be souled quickly in confidence. And parties concerned are not good at the strict judicial procedure in courts, At this point, ADR program holds some advantages over court proceeding for intellectual property disputes. Specialists can be selected as arbitrators or mediator; Cofidentiality may be preserved; Flexibility allows settlement based on mutual commercial interests; Single solution is possible for multiple disputes involving parties from different countries. However, ADR program has not been properly used in. Korea, which is due to not only the lack of understanding the ADR program, but the poor number of filings and settlements. Intermediaries are not professional and also they do not take active hands in disputes. Sometimes, their fairness is asked as peacemakers. Eventually, it is said that this program is not enough to settle international disputes. To activate the ADR program, we can propose the ADR program annexed to court for example. And we can introduce the conciliation and arbitration to disputes in intellectual property. Traditionally arbitration has been a crucial issue in intellectual property disputes. In that intellectual property rights are granted by the local sovereign power, many legal systems in the past maintained the position that the existence, extent, meaning and application of such rights could only be definitively decided by the granting authority or the courts of that country. There is wide recognition that the arbitration of intellectual property is desirable. The law in most of the major countries has been changed in recent years in favor of arbitrability of intellectual property rights. We can also propose ADR on-line.