• International Commerce and Information Review
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• v.7 no.1
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• pp.197-211
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• 2005

본 논문에서는 상거래과정에서 발생하는 분쟁해결을 위하여 적용가능한 ODR시스템의 특성과 선진국의 ODR의 시험 운영사례를 통하여 이에 따른 문제점을 분석하였다. 또한 국제상거래의 분쟁해결수단으로 일반화되고 있는 중재에 대하여 온라인중재의 도입에 따른 법적인 문제를 검토하고, 이러한 분석 검토결과를 토대로 ODR의 발전방안을 제시하였다. ODR은 신속성, 비용의 경제성, 해결방법의 개선 등의 장점으로 인하여 온라인에서 발생한 분쟁뿐만 아니라 오프라인에서 발생한 분쟁까지도 그 영역이 확대되어 가고 있으며, 앞으로 전자정부에서도 이를 채택하게 됨에 따라 급격히 발전할 것으로 생각된다. 최근의 상거래분쟁이 복잡하고 전문성이 요구되며, 신속한 해결을 지향하고 있으므로 종래 ADR제도의 장점과 정보 통신적 요소를 가미한 새로운 ODR제도를 도입 추진하는 것이 무엇보다도 중요하다고 할 수 있으며, 이를 위하여 ODR제도의 정통성과 실효성을 확보할 필요가 있다.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.25-46
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• 2015

Cross-border consumer disputes are on the increase as cross-border trade between consumers and businesses continues to grow. Cross-border consumer disputes are difficult to solve, because there are different languages, laws and institutions between the parties. These consumer disputes can be solved more easily by Online Dispute Resolution (ODR) in comparison with utilizing court processes. ODR is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). On 18 June 2013, the new legislation on Alternative Dispute Resolution and Online Dispute Resolution has been published - the "Directive on Consumer ADR and Regulation on Consumer ODR". The new legislation on ADR and ODR will allow consumers and traders to solve their disputes without going to court, in a quick, low-cost and simple way. The United Nations working group for online dispute resolution of cross-border electronic commerce transactions (UNCITRAL Working Group III) has been underway since 2010 to continue its work on procedural rules for ODR.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.67-85
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• 2010

On-line ADR is to use means of settling disputes online to settle disputes happened on-line or off-line. It gave important opportunity for engaging in a commercial transaction to small group or individual. If it uses judiciary proceeding, it will cost too much, complicate and take considerable time. So, because of these reasons, OECD even encourage on-line ADR as a mean for relieving consumer's damage actively on e-commerce. Korea is also trying to introduce on-line ADR partially or completely in Korea Consumer Agency, The National IT Industry Promotion Agency, The Korean Commercial Arbitration Board. However, Korea's on-line ADR is more insufficient than advanced country's. Nevertheless, because on-line needs to introduce, this study suggests the problem and plan centering the type and the present condition of on-line ADR.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.219-251
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• 2006

As the scale of electronic commerce increases more and more, disputes in the electronic commerce also happen more frequently. As the development of electronic commerce is difficult without smooth settlement of dispute, the pursue of smooth settlement of dispute is very important. Regarding smooth settlement of dispute, the way of dispute settlement through Online Dispute Resolution(ODR) is pursued positively nowadays. However the responsibility of related parties still remains to complete such system. This paper divides related parties into the parties(seller, buyer), ODR providers, the neutral dispute resolver, and the governments. Later this paper examines the responsibility of related parties. As related parties complete their own responsibility, electronic commerce may develop more and more. Furthermore through the development of electronic commerce all nations will enjoy mutual benefit.

• 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.

• 한국HCI학회:학술대회논문집
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• 2008.02b
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• pp.558-564
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• 2008

The study aims to examine the UCC (User Created Contents) Copyright which use the broadcasting contents. UCC are classified by UGC(User Generated Contents), UMC(User Modified Contents), and URC(User Recreated Contents). Especially UMC and URC correspond to a problem of copyright. Following the Copyright Protection Center investigation in 2006, it reported that 83.7% UCC are infringement of copyright. In spite of remarkable the UCC copyright problem, the concrete resolution does not exist. Also it is difficult to apply the offline legal conformity because of online nature of the UCC. The study observes the UCC copyright dispute instances which use the broadcasting contents and investigates a resolution of the UCC copyright. Considering the online media nature, it tries to analyse CCL(Creative Common License) as the ODR(online Dispute Resolution). It is meaningful to search the possibility of UCC copyright problem through the online technical embodiment.

• Proceedings of the Korea Water Resources Association Conference
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• 2023.05a
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• pp.395-395
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• 2023

전 세계 곳곳에서 매년 발생하고 있는 홍수, 가뭄, 수질 문제는 인류가 해결해야 할 공통적인 문제이다. 홍수, 가뭄, 수질 문제뿐만 아니라 수자원의 지역적인 불균형과 인근 지역의 물 분배 문제, 공유하천 문제 등으로 인한 물 사용자 간의 물 갈등, 물 분쟁도 지속되고 있다. 최근 정보통신기술이 발달함에 따라 수자원 관련 각종 위험지표, 물 갈등, 물 분쟁 사례를 자료화하여 활용할 수 있는 온라인 플랫폼이 개발되고 있다. Aqueduct 3.0은 전 세계 물 위험을 식별하고 평가할 수 있는 물 위험평가 프로그램(water risk assessment tool)으로 세계 수자원 협회에서 2019년 기존 프로그램을 업데이트하여, 온라인 플랫폼을 통해 전 세계 각국의 지역별 수자원 분포에 따른 각종 위험지도와 데이터를 무료로 제공하고 있다. 또한 세계 자연기금(World Wide Fund For Nature)도 온라인 플랫폼으로 전 세계의 물 위험 필터도구(water risk filter tool)를 제공하고 있다. 또한 물 갈등 연대기(Water Conflict Chronology)는 태평양 협회에서 전 세계 물갈등 사례를 수집하여 연대별로 정리한 것으로, 업데이트되어 2022년 사례까지 제공하고 있다. 본 연구는 Aqueduct와 Water Conflict Chronology 등 온라인 플랫폼에 탑재된 한반도 관련 수자원 자료를 조사하여 기존 자료와 분석하였다. 연구 결과 Aqueduct와 Water Conflict Chronology 등 온라인 플랫폼이 수자원 관련 교육의 유용한 도구임을 알 수 있었다.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.249-275
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• 2018

Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.111-132
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• 2014

Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.27-57
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• 2013

Traditionally construction has been an industry that favoured ADR over formal litigation due to the complexity of technical issues. However, over the past decade construction arbitration has come under increasing attack for its rising costs and growing delays, and expansion of arbitration processes to the point that those processes are approaching the more complex and formal processes followed to resolve disputes litigation. As a result, parties are looking for new methods of resolving their disputes in a more efficient and economical manner, such as ODR. A review of the history of ODR and the practical applications of ODR in use today lead to the conclusion that the concept of ODR for construction dispute resolution appears to be possible and realistic. The advantages seem to outweigh the disadvantages, especially given the solutions suggested to overcome many of the disadvantages. While ODR may not be a realistic venue for large complex construction cases, it may be just the ideal venue for smaller and simple construction disputes. In conclusion, given the advantages that ODR arbitration does offer, the most realistic use of ODR in the short term would involve disputes consisting of a simple, one-dimensional dispute within which the parties can stipulate to the facts in the case. In such simple disputes ODR may be not only an appropriate vehicle within which the dispute can be resolved; it might be more easily accepted by the parties as the preferred platform for resolution. Hopefully, international institutions of arbitration will be successful in their development of a international standards and platform fir disputes that can be adapted for use in construction and will serve as the first step in developing ways to handle small construction claims, thereby allowing parties to resolve their disputes in a faster and more economical manner.