• Title/Summary/Keyword: 온라인 중재

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Discussion and Evaluation in UNCITRAL Regarding Procedural Rules for Disputes in International e-Commerce - Focused on the Discussion in the 26th Session of Working Group III - (국제전자상거래 분쟁해결을 위한 절차 규칙에 관한 UNCITRAL의 논의와 그 평가 - 제26차 실무작업반의 논의를 중심으로 -)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.133-152
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    • 2013
  • Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

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Online Dispute Resolution for Cross-Border Consumer Disputes (국경넘은 소비자 분쟁에 있어서 ODR)

  • Sung, Joon-Ho
    • 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.

Characteristics and Effectiveness of Online-based Intervention for Infertile Women: A Systematic Review (여성 난임 환자에게 적용되는 온라인 기반 중재의 특성 및 효과 분석: 체계적 문헌고찰)

  • Kim, Chan Hee;Lee, Seon Heui
    • Journal of muscle and joint health
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    • v.25 no.3
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    • pp.205-217
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    • 2018
  • Purpose: The purpose of this review was to analyze the characteristics and effectiveness of online-based intervention for infertile women. Methods: We established the PICO (Participant-Intervention-Comparison-Outcome) strategy and conducted a systematic review of 7 literatures retrieved from 3 electronic databases of Ovid-Medline, Ovid-Embase, and the Cochrane Library. Two investigators independently extracted the data and assessed the quality of included studies using Cochrane risk of bias. Results: The pregnancy outcome showed that higher total risk scores (TRS) about lifestyle behavior was significantly associated with lower chance of pregnancy (aHR 0.79, 95% CI 0.72~0.85). Stress was significantly decreased in experimental groups receiving online-based interventions (p<.05). Depression score was significantly lower in groups receiving additional interventions besides on-line interventions than those who used online-based intervention only. The other outcomes, including anxiety, self-efficacy, helpfulness of intervention, perceived social support, and knowledge scores were not significantly different within and between groups in overall. Characteristics of the interventions were heterogeneous. Conclusion: There is evidence that online-based intervention in infertile women enhances the pregnancy and reduces stress levels.

Impact of Adolescent Life Stress and Smartphone Use on Academic Impairment: Focusing on the Effect of Parent Involvement on Adolescents' Smartphone Use (청소년의 스트레스와 스마트폰 이용이 학업에 미치는 영향과 부모 중재 효과)

  • Park, Namsu;Oh, Hayoung
    • The Journal of the Korea Contents Association
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    • v.16 no.9
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    • pp.590-599
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    • 2016
  • This study aims to examine the effect of adolescents' life stress and smartphone use on academic impairment and to investigate the impact of parents involvement on smatphone use. Online survey are performed among Korean adolescents from 13 to 18 years old. The results show that entertainment use of smartphone and high level of smartphone addiction are significant predictors of adolescent academic impairment. In addition, significant relationships were found between academic impairment and the dimensions of life stress, such as family conflict, academic, and pressure on the future. With respect to the impact of parent involement on academic impairment and smartphone use, time limit has the positive relationship with entertainment use of smartphone, while restriction on the specific smartphone application use has the negative relationship with information use of smartphone.

A study of factors on intention of intervention and posting malicious comments (악성댓글 작성과 중재 의도에 대한 요인 연구)

  • Kim, Han-Min;Park, Kyungbo
    • Journal of Digital Convergence
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    • v.16 no.12
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    • pp.197-206
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    • 2018
  • The harmful effects of online malicious comments are continuously increasing. Many previous studies have confirmed that neutralization of malicious comments is a key predictor. Neutralization is theoretically composed of seven multidimensional concepts, and the significance of neutralization factors varies depending on the type of deviant behavior. This study focuses on the fact that the malicious comment researches have considered the neutralization techniques in a single dimension as opposed to demonstrating the multidimensional neutralization techniques in the deviant behavior research. On the other hand, the role of arbitrator in deviant behavior can contribute to restraining deviant behavior, but the research of intervention intention is relatively lacking in malicious comments research. This study, composed of two complementary studies, tried to find out the related factors of malicious comments and intervention intention. As a result of study, This study revealed that malicious commentator uses the neutralization techniques of condemn the condemners and denial of responsibility. In addition, we found that affective empathy has a significant effect on the intervention intention in malicious comments.

A study on Development Plans for Korea's Arbitration for Intellectual Property Right (IPR) disputes (지식재산권(IPR) 분쟁에 대한 우리나라 중재 발전방안에 관한 연구)

  • Su Hyun Song;Un Jeon;Keon-Hyung Ahn
    • Journal of Arbitration Studies
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    • v.34 no.1
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    • pp.51-74
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    • 2024
  • Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.

Disputes in International E-Commerce and Dispute Resolution through an Online Dispute Resolution (ODR) System: Background and Basic Perspectives from Conversations in UNCITRAL (국제전자상거래로 인한 분쟁과 ODR를 통한 분쟁해결 - 유엔상거래법위원회에서의 논의 배경 및 기본적 시각을 중심으로 -)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.79-101
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    • 2012
  • In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

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Suitability of Alternative Dispute Resolution for the Fashion Industry - Focused on Arbitration for the Fashion Industry - (패션산업의 대체적 분쟁해결제도 적합성 - 패션산업의 중재 제도 도입을 중심으로 -)

  • Lee, Jae-Kyoung
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.87-105
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    • 2015
  • Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

Alternative Dispute Resolution for TV Format Disputes (TV포맷 분쟁에 대한 대체적 분쟁해결 방안)

  • Lee, Jae-Kyoung
    • Journal of Arbitration Studies
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    • v.26 no.2
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    • pp.27-44
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    • 2016
  • The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

A Systematic Review on Intervention of Interactive Metronome: Focus on Single-Subject Research Design in Korean Academic Journals (상호작용식 메트로놈(Interactive Metronome)의 중재에 대한 체계적 고찰: 국내 단일대상연구를 중심으로)

  • Son, Yeong Soo;Choi, Yoo Im
    • Therapeutic Science for Rehabilitation
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    • v.12 no.1
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    • pp.7-22
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    • 2023
  • Objective : This study aimed to confirm the research characteristics and quality of single-subject literature among domestic studies that applied interactive metronome (IM) intervention. Methods : Regarding literature search, 11 single-subject studies using IM were selected from an online database from January 2011 to June 2022. Moreover, the general characteristics and quality of the research method were analyzed. Results : The qualitative level of the analyzed literature was above the moderate level. However, intervention blindness and reliability showed low compliance. The ABA design accounted for the largest proportion of methods. Most of the study participants had attention deficit hyperactivity disorder. Attention, balance, bilateral coordination, and timing were checked as dependent variables. The IM-SFT was used most frequently as an evaluation method. The mediation session applied more than 8-10 interventions for 3-11 weeks. The intervention results in all studies indicated functional improvement after intervention. Conclusion : It might be necessary to expand the application of IM interventions to diverse diseases. In addition, there is a need to study the effect on the participants' quality of life and changes in daily life along with dependent variables such as attention and balance