• Journal of Arbitration Studies
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• v.16 no.3
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• pp.23-52
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• 2006

1997년 외환위기 이후 국내 부실기업의 해외매각을 빠른 속도로 진행하여 매각과정에서 협상력 부재로 인해 기업가치를 제대로 평가받지 못하였을 뿐만 아니라 계약조건 부분에 있어서도 협상성과는 매우 낮은 것으로 평가되고 있다. 또한, 부실한 계약조건으로 인해 계약이행이 종료되지 못하고 소송이나 중재와 같은 분쟁발생이 급격이 증가하고 있다. 이러한 문제인식 하에 본 논문은 부실기업 매각협상 사례중 국제중재와 관련된 한보철강 매각의 사례를 통해 매각시 국제중재를 통해 분쟁을 해결하는 과정을 상세하게 설명함으로써 향후 매각협상 과정뿐만 아니라 매각이후 분쟁이 실제로 발생한다면 이에 대한 정확한 대처와 중재 대처 전략을 수립할 수 있도록 하기 위함이다. 중재는 소송과 달리 단심제로서 중재기간이 상대적으로 짧다고 볼 수 있으나 단심제의 특성을 감안하여 최대한 유리한 증거와 증인확보 등 보다 더 적극적인 자세로 임해야 할 것이다. 본 사례연구에서 중요한 시사점은 국내 협상자들이 협상시 매각가격에만 중요성을 부여하며 기타 계약조건 특히, 준거법 및 관할권에 대해 소홀히 취급하는 경향이 있다는 점이다. 본 한보 중재에서도 승리의 결정적인 원인은 바로 계약서에 준거법을 한국법이라고 명시하였기 때문에 가능했던 것이다 이러한 점은 향후 국제협상시 중요하게 다루어져야 할 사항이라고 판단된다.

• Defense and Technology
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• no.7 s.281
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• pp.18-27
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• 2002

차기 전투기 사업의 성과는 공군의 전력 증강이라는 기본적인 목표 달성이외에 부수적으로 달성한 절충교역 내용이 매우 중요하다. 절충교역 분야는 기술이전, 부품제작/수출, 창정비 등 크게 3가지 분야로 나뉘어 공군, 조달본부, 국방과학연구소, 국내 방산업체 등이 협상에 참여하였는데, 국익을 우선으로 하여 적극적으로 협상을 추진한 결과 당초 목표를 크게 웃도는 85%라는 높은 성과를 달성하였다. 이로써 군은 국내 창정비 능력을 통해 원활한 군수지원이 가능하게 되었고, 특히 유사시 작전 효율성 증대에 크게 기여할 것으로 예상된다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2016.05a
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• pp.228-229
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• 2016

Bargaining power or negotiation power departing from negotiators' economical beneficial point of view has long been an important research subject in a number of industries, and it has been widely studied by focusing on the various kinds of game theory. Although existing papers are mainly based on the strategies and results of bargaining process, ${\cdots}$(중략)${\cdots}$.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2016.10a
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• pp.189-190
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• 2016

This study explores how bargaining power and influence effect on the information quality and the SCM main performance namely SCM flexibility, SCM agility. Especially it was considered differences in perspective of suppliers and buyers. The 140 data sets collected, which companies use SCM, were tested against the model using SPSS and SmartPLS. The result of this study is when buyers have bargaining power, information quality had most effect on the SCM performances.

• International Area Studies Review
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• v.13 no.2
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• pp.550-572
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• 2009

This paper investigates the textile negotiations between Korea and the U.S. which Korea, as a weaker party in the bilateral trade negotiation, was recognized as making a good performance by Odell(1985). Using the documents of Korean governments at the time - Ministry of Foreign Affairs and the Ministry of Commerce and Industry - telegrams and reports from various sources the paper picks a leveling factor during the negotiations. In the paper, we used a dynamic concept of power for describing the negotiating power, and showed Korea succeeded in making the negotiation symmetric using the Special Cooperative Relationship(SCR) as one of the most conspicuous leveling factors during the textile negotiations with the U.S. The paper contributes to finding the factors that can be used in the negotiations with power asymmetry as a leveling factor for weaker country. Also, based on the findings from the paper, future negotiators can get insights on which factors be used, and how to use those factors for leveling the negotiations with a stronger counterpart.

• The Journal of Industrial Distribution & Business
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• v.1 no.1
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• pp.13-21
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• 2010

Since Korea establish diplomatic ties with China in 1992, korea and China have had rapid progress in most of field as politic, economy, society and culture through basing on cultural commonality and geographical adjacency. Especially, China is the biggest trading partner to korea, and also Korea is third-biggest trading country to China. They become strategic cooperating relation in 2008. Currently, in terms of international trade relation, WTO/DDA negotiation is proceeding in difficulty, but FTA has been growing and extending in the world, and the two country, china and korea, have been competitively trying wide and active FTA negotiation promotion. After Financial crisis in 1997, according to the requirement of local economic cooperation, China has shown the interest to several countries since the conclusion of FTA treaty with ASEAN in 2005. China also makes the active afford to conclude FTA with Korea. Last May 28th, this was mentioned in the meeting between president Lee and Premier Wen Jiabao, so it is anticipated that the negotiation for FTA will be started in the near future. There are many political suggestions and concerns in terms of way of negotiation korea would choose. Some economist said that "'Continuous FTA aimed at long-term protocol should be promoted between korea and China and negotiated includingly'" However, this research claims that commodity exchange, service, and investment areas should be included and it has to be comprehensive package settlement style in negotiation. This research has found out the characteristics of China's negotiation and implications through the China's existed FTA negotiation examples. Currently, China has taken Continuous or a phase-negotiation method to ASEAN, Pakistan, Chile and some other developing country and to advanced countries like New Zealand or Singapore, comprehensive package settlement method is used in FTA negotiation. In consider of the FTA negotiation between Korea and China, Korea has some problems in the commodity change area in agriculture maket's opening. While, for china, the issues would happen in service trade area, especially when encountering finance and communication industries are opened, China's economy could be exposed to some risk. In result, Korea should expand its negotiation range from commodity trade to service trade, in order to exchange both issues, then the negotiation will be concluded more easily. In other word, for FTA, korea should follow comprehensive package settlement way that is similar to New zealand and Singapore case. Through this kind of method, Korea can expect effect of creating trade, conversion of it and preoccupancy of service field in china's market against the advanced countries like Usa, Europe and Japan. Also, to have a successful FTA negotiation, korea should find out china's policy for FTA negotiation. With this information, korea will be able to suggest the way to make a profit. Systematic analysis and comparison about previous negotiation cases of china are needed before the negotiation begin.

• International Commerce and Information Review
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• v.11 no.2
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• pp.329-342
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• 2009

The purpose of this study was to identify the issues which how situational constraints of negotiation affect outcomes. To achieve the purpose of this research, a multiple regression model was set up to identify the relationships between situational constraints of negotiation and negotiation outcome on international trade contracts. To implement the study, empirical questionnaires were collected from Korean business men who have actually conducted international trade with foreign firms. Reliability analysis and factor analysis were used to assess the reliability and validity of research variables. and multiple regression analysis were used for testing the relationships between situational constraints of negotiation and negotiation outcome. From this study, following results were identified; i) situational constraints of negotiation effects on negotiation outcomes ii) arbitrary and continuous situations affect significantly positive on negotiation outcomes iii) submissive situations affect significantly negative effects on negotiation outcomes In conclusion, participant of negotiation and their managers try to promote negotiation situation toward to arbitrary and continuous situations if they have any availability.

• Agrochemical news magazine
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• v.22 no.1 s.164
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• pp.12-15
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• 2001

• Journal of KIISE:Software and Applications
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• v.28 no.11
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• pp.842-854
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• 2001

Today\`s first generation shopping agent is limited to comparing merchant offerings usually on price instead of their full range of attributes. Even in the full range comparison, there is not a good model which considers the overall features in the negotiation process. Therefore, the negotiation model needs to be extended to include negotiations over the more attributes. In this paper, we propose a negotiation model in the agent-mediated electronic commerce to negotiate over prices, product features, warranties and service policies based on utility theory and simple heuristics. We will describe a prototype agent-mediated electronic commerce framework called Pmart. This framework provides the software reuse and the extensibility based on the object-oriented technology. It is implemented on Windows-based platforms using Java and CORBA for the network transparency and platform independence.

• Journal of Environmental Policy
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• v.11 no.3
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• pp.149-170
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• 2012

The United Nations Climate Change Conference, Durban 2011, ended on December 12, 2011, 36 hours over its schedule, delivering the Durban Package, which consisted of, inter alia, the extension of the period for Kyoto Protocol term and the launch of Ad-hoc working Group on the Durban Platform for Enhanced Action. Despite the positive progress made in Durban, the future of post-2012 climate regime still seems cloudy. Before the Durban conference, some of Annex I countries with emissions reduction commitment under the Kyoto Protocol's first commitment period openly declared their intention not to participate in the second one, reducing the effectiveness of Durban agreement. Parties to the conference have a long list of difficult issues disturbing the materialization of the new legal agreement in 2020 such as level of mitigation targets of individual countries and legal nature of their commitment. Given this uncertainty, the Korean government should reinforce its domestic climate policies rather than settling in the fact that it remains as a non-Annex I county party under the Durban Agreement due to the extension of the Kyoto Protocol period. Domestically, it needs to continue to raise the public awareness for rigorous climate policies to transit its economy to low carbon pathway which reduces the country's dependency on fossil fuel in the long term. It is also important to implement cost effective climate policies to cope with domestic resistance and international competitiveness. Internationally, its priority would be working for trust-building in the on-going negotiation meetings to encourage meaningful participation of all parties.