• 한국중재학회지:중재연구
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• 제21권3호
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• pp.137-163
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• 2011

The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

• 한국중재학회지:중재연구
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• 제19권3호
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• pp.67-91
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• 2009

Nowadays, Alternative Dispute Resolution in terms of reconciliation, arbitration, and mediation is in the spotlight as a try to overcome the limits of a lawsuit as well as the judicial reform. Since many articles have studied ADR in America, Germany, Japan and the like which developed the system in advance, this article compares ADR in major Asian countries including China, Indonesia, Singapore, Thailand, Malaysia, India, and Vietnam etc. introducing ADR organizations as well. On the matter of vigorous trade and investment between Asian countries currently, it seems inevitable not to have consequential disputes through international exchange. Thus it will be very useful to know the law to resolve the conflict between the countries involved. This article is written to help to resolve the disputes in Asian countries and provide research materials to develop ADR in Korea by comparing the ones in major Asian countries. In addition, the comparative study of ADR in Asian countries should be continued to find the model which best fits in Asia as well as to nurture talent.

• 한국콘텐츠학회논문지
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• 제16권7호
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• pp.63-72
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• 2016

본 연구는 재한 중국인 유학생의 문화적응 스트레스와 학업과 관련된 학업스트레스 및 진로스트레스를 중심으로 우울의 영향요인을 파악하고자 시도되었다. 2015년 9월 7일부터 10월 15일까지 중국인 유학생 166명을 대상으로 자료를 수집하였다. 대상자의 평균 우울점수는 17.36점(SD 6.77)이었고, 문화적응 스트레스, 학업스트레스, 진로스트레스는 각각 69.51점(SD 19.06), 34.64점(SD 5.03) 그리고 29.13(SD 9.14)점 이었다. 중국인 유학생의 우울수준에 영향을 미치는 요인은 문화적응 스트레스와 진로스트레스로 파악되었으며, 이 두변수의 설명력은 51.9%이었다. 이상으로 중국인 유학생의 우울수준을 개선시키고 건강한 유학생활이 되도록 돕기 위해서는 문화적응 스트레스와 진로스트레스를 파악하고, 스트레스 지각정도가 높았던 학생들에게는 특별한 중재를 제공해야 한다.

• 한국중재학회지:중재연구
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• 제22권3호
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• pp.141-163
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• 2012

In Korea, although nearly all maritime arbitration cases are dealt with by the Korean Commercial Arbitration Board (KCAB), the total number of cases that are referred to the KCAB is relatively small compared with the total number of maritime cases that occur in Korea. There may be reasons why maritime arbitration is not utilized more in Korea. However, of the above reasons, the superseding one may be that there is still a lack of confidence in the credibility and foreseeability of maritime arbitration in Korea. To expand the use of maritime arbitration in Korea, it is essential that the base surrounding maritime arbitration be expanded. In addition, it is also necessary that specialists receivetraining in maritime law. In this context, it is strongly recommended that maritime and admiralty law be taught in law schools and be included as a regular subject on the Korean bar exam. Additionally, to promote maritime arbitration, a rule should be introduced allowing for shortened arbitration proceedings in Korea. Although Chapter 8 of the KCAB Arbitration Rules provide for "Expedited Procedure," this process alone is not because the rules for Expedited Procedure generally apply in arbitration cases where both parties have agreed in a separate agreement to follow the procedures provided or in any domestic arbitration valued atless than 100,000,000 Korean won. Therefore, the KCAB Arbitration Rules for Expedited Procedure must be reformed to encompass international arbitrations. Additionally, experts who are experienced in the maritime sector should be elected as arbitrators. Given the factthat a fair number of arbitration cases can be characterized as international, it is important that businesspersons who are very fluent in English be appointed as arbitrators in order to increase the reliability of maritime arbitration in Korea and save costs. Meanwhile, because lawyers and scholars constitute a considerable portion of KCAB arbitrators, commercial persons from relevant industries should be enlisted as arbitrators. Even though there are arguments for the establishment of an independent maritime arbitration board in Korea, establishment of a separate maritime arbitration board will not directly guarantee the prosperity of maritime arbitration in Korea. Instead of instituting a new maritime arbitration board, it is better that a reorganized KCAB modify existing arbitration proceedings to make them faster and more economical if maritime arbitration is to prosper. In this regard, ad-hoc arbitration would be an option for speedy and thrifty maritime arbitration. Finally, to gain the confidence of domestic and foreign parties, we cannot ignore the importance of advertising the specialties and qualifications of the KCAB and its personnel among business entities.

• 한국중재학회지:중재연구
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• 제18권1호
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• pp.121-145
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• 2008

Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

• 한국중재학회지:중재연구
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• 제20권3호
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• pp.93-120
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• 2010

In 1978, Chinese reform and opening caused a big changes in Chinese labor relationship. Through reforming and opening, China gave up part of state ownership system and group ownership system, permitted private ownership system, and also opened the way for capitalists to ride again. Since China was established, the labor relationship ceased for 30 years has been appeared. However because the top priority aim of China's reform was economic growth, the protection of the rights and interests of labor was pushed back on the policy priority list. China takes foreign capitals based on cheap labor force quickly and China come up the worldwide plants. Since reformed, China keeps an economic growth rate of 9.7% annually for 30years. This economic growth is based on labor's sacrifice. However, Chinese fast economic growth causes side effects such as increasement of the gap between the wealthy and the poor, increasement of unbalanced development between regions, and the increasement of conflict between labor and management. Especially, according to changes in labors' level of consciousness, the labors recognized that their rights and interests are exploited by employers. Therefore, the labor dispute is continuously increasing. Chinese government changes their policy from the policy focusing on enterprise development to the policy protecting labor's rights and interests. In order to protect labor's rights and interests, China conducts labor contract law and labor dispute conciliation arbitration law in 2008. This kind of changes in Chinese labor environment affect a lot to Korean companies which already entered into China or are willing to enter. According to studying on present situation and resolution system in Chinese labor dispute, this paper suggests the proper countermeasure related to labor dispute of Korean companies which entered in China. First, the success rate of labor dispute conciliation by enterprise labor dispute conciliation committee is around 20% during recent several years and the success rate by year is in decline. Therefore, when labor dispute is occurred, our companies which entered into China better use other labor dispute methods such as negotiation and arbitration than conciliation in order to settle a conflict. Second, from the Korean enterprises entered in China point of view, there exists a problem not to sue except special cases which provided in the law even though they are dissatisfied with arbitrate judgment. Thus, when labor dispute occurred, Korean enterprises try to do best to settle the dispute through negotiation. However, in case of that the dispute cannot be settled by negotiation, they have to attend in the arbitration as if it is a last chance. Third, Korean enterprises keep in mind that dispute handling procedures between labor union and users or between labor group and users are different, and then deal with separately. Thus, dispute between labor and users have to follow arbitrate procedures as a necessary procedure, but in case of dispute related to group contract, namely dispute against labor union, labor dispute can be settled by arbitrate or suit, so after figuring out the situation exactly, it is necessary to select more advantageous way in order to settle the dispute. Moreover, in case of the dispute between labor union, they have to keep in mind that conciliation procedures cannot be used.

• 경영과정보연구
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• 제35권4호
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• pp.79-98
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• 2016

본 연구는 중국의 해외 인수 합병 현황과 영향 요인에 대한 관련 이론과 기존의 연구를 살펴본 뒤 중국기업의 해외 인수 합병의 성과에 미치는 영향을 실증분석 하였다. 분석의 결과 과거성과, 인수지분율, 국유지분율, 문화적 차이는 성과에 정의 영향을 미치는 것으로 나타났으며 문화적 차이가 클수록 과거성과의 인수합병의 성과에 미치는 영향이 크게 나타나는 중재효과가 있음을 보이고 있다. 그러나 조직 연령, 수출비중, 잉여현금흐름은 유의한 영향을 미치지 않고 있다.

• 한국중재학회지:중재연구
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• 제14권2호
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• pp.135-172
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• 2004

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

• 한국중재학회지:중재연구
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• 제9권1호
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• pp.183-232
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• 1999

The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

• Child Health Nursing Research
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• 제20권1호
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• pp.11-19
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• 2014

목적 본 연구는 결혼이민자 산모를 대상으로 가정방문을 통한 간호중재 프로그램을 제공하고 그 효과를 규명하기 위한 것이다. 방법 편의표출 및 눈덩이표출을 통해 서울과 수원 지역의 중국, 베트남, 필리핀 결혼이민자 임부를 파악하여 비동등성 대조군 전후설계로 실험군 20명, 대조군 19명을 대상으로 하였다. 출산 후 퇴원하면 일주일 이내 가정방문하여 사전조사를 실시 후 실험군에 대한 중재를 제공하였으며, 산후 6주와 3개월에 다시 두 군 모두 가정방문을 통해 자료를 수집하고 실험군에는 중재를 제공하였다. 결과 실험군과 대조군의 영아돌보기 자신감에 대한 그룹과 시간 간의 상호작용 효과가 유의하여 실험군은 대조군보다 퇴원 후 5일 이내의 사전조사에 비해 산후 6주와 3개월 영아돌보기 자신감이 유의하게 더 증가하였다. 또한 실험군은 대조군보다 산후 3개월 영아 발달에 필요한 양육환경을 더 긍정적으로 조성하였으며 생후 6주와 3개월의 영아기질을 더 긍정적으로 인식하였다. 그러나 산후우울과 남편의 지지는 두 군 간에 유의한 차이를 보이지 않았다. 결론 본 연구를 통해 결혼이민자 산모에 대한 가정방문 간호중재 프로그램이 영아돌보기와 양육환경 조성에 긍정적인 효과가 있는 것으로 확인되었다. 현재 진행하고 있는 맞춤형 방문건강관리사업에서 결혼이민자 산모에 대한 중재 프로그램을 활성화할 것을 제언한다.