• 한국중재학회지:중재연구
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• 제21권1호
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• pp.87-107
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• 2011

There are two methods to resolve conflicts related to constructions which are through lawsuits and ADR (Alternative Dispute Resolution) just like any other conflicts. Along with the special characteristics pertaining to the conflicts related to constructions, the advantages that ADR is in possession of such as its cost, duration and professionalism, resolving conflicts through ADR has been considered to be more logical than any other options recently. In Korea's case at present, the resolution of conflicts regarding constructions through ADR is mostly dependent on administrative mediation or through arbitration. However, in the case of the administrative mediation, its usage rate is very low due to problems caused by problems in its running and effectiveness. In the case of arbitration, the services of the Korean Commercial Arbitration Board is comparatively used more but because of the fact that arbitration relies on a single trial system and the fact that its executive powers while having the same effectiveness as the final ruling does not get acknowledged leads to the phenomena of avoiding its usage. In addition, in relation to the selective arbitration clause, the problem of effectiveness of the arbitrative agreement is becoming a hindrance to the activation and promotion of the arbitration process. Furthermore, in the case where the ordering body is the government, the public servant involved in the case avoiding the arbitration process because of concerns of being penalized by the internal and external audit within the institution is becoming a problem as well. These problems are not only limited to conflicts regarding constructions and there needs to be actions taken to promote the activation of ADR by enacting a basic law. The more important issue at hand however is offering a resolution measure that would be the most appropriate for users and this could probably be done only through actions such as implementing the American partnering system or the dispute adjudication board system so that they can supervise the resolution of conflicts through mediation, arbitration, and assistance as well as offering consultations regarding conflicts related to constructions.

• 한국중재학회지:중재연구
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• 제29권1호
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• pp.91-113
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• 2019

The fashion industry has been growing in Korea, but the law and the dispute resolution have been less than effective so far. Copyright and patent law have proven only minimally effective in fashion, ending up with designers and fashion companies relying on their trademarks to protect their design. Litigating trademark disputes in the fashion industry presents a host of problems and leads to resorting to the Alternative Dispute Resolution (ADR). ADR methods, especially arbitration, however, are emerging as substitutes to litigation. Using these methods, the fashion industry 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. From 2016, KCAB's Fashion Industry Dispute Advisory Committee (FIDAC) for ADR has promoted a better solution for disputes in the fashion industry. Therefore, stakeholders in the fashion industry should commit to procuring innovation in fashion on a long-term basis by establishing a panel handling an alternate dispute resolution process. The ADR process can mitigate the uncertainty created by relevant legislation or any other disputes, which could result in shying away from any business in the fashion industry.

• 한국중재학회지:중재연구
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• 제21권3호
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• pp.89-114
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• 2011

Environmental disputes not only possess the special characteristics of collectivity and plural value relativity but it also possesses the unique features of difficulty to prove cause and effect as well as the structural maldistribution of evidence and information. Therefore, the positive resolution of an environmental dispute can be brought about more easily with the Alternative Dispute Resolution (ADR) which can take the form of talks, compromises, as well as arbitration or mediation rather than through a trial process. Such being the case, this paper first looks into the problems and effectiveness of the arbitration system of environmental lawsuits and then takes an even closer look at Korea's environmental dispute arbitration system and finally offer some reform methods. In Korea, the environmental dispute arbitration system was implemented in 1991 and has been executed since then. Although this system does have positive features such as the high rate of coming to an agreement between the involved parties but unfortunately, most of the cases rely on decisions based on right and wrong which cannot but be far away from the intentions of the ADR system. It is heavily centered around claims regarding psychological compensation regarding noise and vibrations and the ratio of the actual amount of compensation is comparatively lower than the requested amount. In addition, with the limits in organization and manpower, it leads to a lack of professionalism as well as the problem of low usage with the low awareness rate. As reform measures against the aforementioned problems, this paper suggests the following. First, in order to activate the arbitration process more fully, it proposes aggressive usage of compulsory arbitration as well as submission to arbitration, while at the same time raising ADR professionals to fill in the missing gaps. Secondly, in order to overcome the problem of concentration of related cases, making representative lawsuits of environmental organizations would be a good idea. It also states that in order to make the compensation amount more realistic, it should go out of the across-the-board decision making process and reach a decision about the compensation amount that takes the individual situation's dispute into consideration. In order to boost the professionalism of the environmental dispute arbitration, it is necessary to reform the organization and manpower such as expanding the number of members of full standing, and increasing the professionalism of the examiners. Also, to increase the usage rate of the ADR system, the paper suggests stationing a civilian consultant regarding environment, or activating the compulsory arbitration which is the premise for public participation on the part of the residents.

• 한국중재학회지:중재연구
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• 제19권3호
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• pp.25-42
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• 2009

That occur in international trade disputes between the parties without resorting to a court trial on the basis of principle of government by the parties to resolve the dispute resolution in general (Alternative Disputes Resolution: ADR) agreed to, reconciliation, coordination, mediation and other methods are. Here, unlike arbitration and other dispute resolution arbitrator, the court confirmed the arbitration award came from the judge and the same shall become effective in doing international commerce dispute resolution methods are widely used. Arbitration Agreement is a contractual dispute, regardless of whether a certain law there arise about the relationship between the parties, Currently exists, future conflicts can arise in whole or in part by the arbitration agreement is to be resolved. Arbitration agreement include: the effects of out of contract arbitration proceedings, the court does not want the progress of the dispute referred to arbitration proceedings to the effect, and the presence of the parties to the arbitration agreement does not claim to knowing the defense plea that Appeals ticket of destruction that have the effect of demurrer, that the arbitration agreement are rebuttal to the rebuttal of prozesshindernde Einrede and the mediation of a plea on the merits when the first defense must be submitted to the arbitration proceedings in which the applicant until the arbitration award determined that the property dispute to court for water conservation measures to dispose of the watch was in effect for arbitration in the contract. In addition, the arbitration agreement and the court sentenced the same kinds of effects that resolved the final effect, especially at the same time the effect of foreign recognition and enforcement of the decision regarding the New York Convention arbitration award based on the recognition and enforcement of domestic and international effects are being recognized. Consequently, the arbitration agreement to take effect a valid arbitration agreement exists is determined by whether or not staying. Therefore, agreements between individual university entrance exams based on the company signed a contract regarding the effect of arbitration first, associated with individual university entrance exams, and the leading research and analysis, review, and examine the general concept of the arbitration agreement after the arbitration agreement between the parties focuses on information about the effects of study to contribute to the activation of the arbitration system is aimed at the individual university entrance exams.

• 한국건설관리학회논문집
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• 제7권6호
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• pp.99-111
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• 2006

최근 건설산업의 급격한 환경변화로 국내 건설업계는 어려운 환경에 처해 있다. 건설사의 재무구조 악화로 인한 공사 중단이나 계약 해제 등으로 보증채권자에 의한 건설보증 분쟁도 꾸준히 증가하고 있는 추세이다. 보증채권자에 의한 분쟁 제기 시 소송이 아닌 ADR(Alternative Dispute Resolution), 특히 협상을 통한 분쟁 해결이 가장 바람직한 방안이나 활용할 만한 자료가 극히 제한적이어서 원만히 해결되지 못하고 결국 분쟁으로 이어지고 있는 것이 현실이다. 본 연구에서는 건설분쟁 중 건설보증 분쟁 발생 시 ADR을 통한 해결가능성을 모색하고자, 최근 5년간(2000년${\sim}$2004년) 건설보증과 관련한 대법원 판례를 분석하여 가설 설정과 검증을 통하여 소송의 유효성을 분석하였다. 본 연구결과 소송에 의한 분쟁 해결은 평균 1,067일(최장 1,965일)이 소요되는데 비하여 원고 승소율은 45% 미만으로 나타나 쌍방 모두 이에 따른 시간적, 경제적 손실이 적지 않은 것으로 나타났다. 본 연구를 통하여 제시된 여러 변수들의 승소율을 감안하여 보증계약 당사자가 어느 정도 수용 가능한 기준을 가지고 협상에 참여한다면 손실을 최소화하면서 각자의 만족도를 충족시켜 주게 될 것입니다. 그러나 본 연구에 대한 결과만으로 현재 진행 중이거나 향후 발생하게 될 모든 건설보증의 클레임이나 분쟁에 대한 대응방안을 마련하는 데에는 한계가 있다. 다만, 이상의 연구 결과를 활용하여 보다 적극적으로 건설보증 분쟁을 예방하고 관리방안을 마련하여 단계적이고 체계적으로 시행해 나가는 방안을 모색해야 한다.

• 무역상무연구
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• 제35권
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• pp.125-144
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• 2007

The objective of this study is to find out whether Korean companies which are doing a lot of commercial transactions with Indian companies can consider appointing ICA as a trustworthy institution and using ICA arbitration rules as a governing arbitration rule, when a dispute between Korean companies and Indian companies occurs. Up to now, in the case of dispute with Indian companies, Korean companies are hesitant to utilize ICA as well as ICA arbitration rules as a alternative dispute resolution, owing to lack of understanding on its rules. But, it is obvious that Korean companies which come to have better knowledge on ICA and its rules may consider more positively using ICA as well as ICA arbitration rules as a dispute resolution rather than using other arbitration institutions like ICC and KCAB etc. in the case of disputes with Indian companies because ICA arbitration rules are very objective and similar to other arbitration rules like ICC rules as well as KCAB(Korean Commercial Arbitration Board) international arbitration rules which are frequently being used by Korean companies and also have other several advantages like cheaper cost of arbitration and fast track arbitration procedures. In conclusion, ICA and its rules can also be recommended as a public-trustworthy arbitration option if Korean companies want to resolve some dispute cases with Indian companies.

• 한국중재학회지:중재연구
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• 제23권1호
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• pp.85-105
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• 2013

The entertainment industry has developed along with current Korean wave fever, and so entertainment-related disputes are increasing rapidly. Litigation is a poor fit for entertainment disputes because of characteristics such as temporal sensitivity. Thus, in the US, the entertainment industry resolves these disputes through ADR mechanisms like arbitration, but cases of settling such disputes through arbitrations are very rare in Korea. This study examined the characteristics and types of entertainment disputes and considered the compatibility of arbitration as a method for settling disputes, and then suggested tasks for revitalizing arbitration systems as entertainment dispute resolution procedures. Arbitrations have many merits, such as the rapid pace of procedures, confidentiality, satisfying the long-term desires of business relationships, the low cost of settling disputes, judgments rendered by experts, etc.; thus, it is a very suitable mechanism to settle entertainment-related disputes. The study proposes necessary steps for revitalizing arbitration systems for entertainment disputes. First, awareness of entertainment industry workers about the arbitration system should be raised. Second, special educational programs for members the of Korean Commercial Arbitration Board related to entertainment should be set up and operated together with encouraging positive attitudes toward actions like establishing a dedicated arbitration unit on entertainment disputes. Third, neutral, professional arbitrators should be secured and aggressive disclosures made. Fourth, a professional ADR organization such as an "Entertainment Arbitration Committee" should be established.

• 통상정보연구
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• 제14권3호
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• pp.49-73
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• 2012

2000년 이후 한-인도간 교역규모가 증대함에 따라, 양국간 분쟁 또한 증가가 예상된다. 국내기업이 인도기업과 분쟁을 효율적이면서 효과적으로 해결하기 위하여는 인도의 대체적 분쟁해결방법(Alternative Dispute Resolution; ADR)에 대한 이해가 중요하다. 인도의 대체적 분쟁해결제도의 특징으로는 첫째, 협상, 조정(conciliation, mediation, Lok Adalat) 및 중재에 의한 해결방법이 주요 ADR제도이고, 둘째, 인도는 중재 조정법에 의하여 조정(conciliation)에 관한 별도의 규정을 마련하여 강제력을 부여하고 있으며, 셋째, 조정제도는 크게 conciliation, mediation 및 Lok Adalat로 구분할 수 있다. 한국기업들이 인도기업과 분쟁을 해결하는 방법을 다음과 같이 제언하고자 한다. 첫째, 향후 인도기업과 투자나 거래를 하고자 하는 한국기업들은 ADR제도를 활용하여 분쟁을 해결하여야 하며, 둘째, 이를 위해 인도의 각 ADR제도에 대한 지식을 사전에 습득하고 각 분쟁 상황에 맞는 유용한 ADR방법을 선택하여야 한다. 셋째, 협상력을 강화하여야 하며, 넷째, 인도의 공공분야에 직접투자를 할 경우에는 Lok Adalat 제도를 숙지하여 이에 대하여 적극적으로 대처하여야 하며, 마지막으로 분쟁이 발생한 경우 해결방법을 찾는 것보다 분쟁을 예방하는 것이 중요하다 하겠다.

• 무역상무연구
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• 제59권
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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.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.3-25
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• 2005

The companies' management strategies of the electronic commerce market are different from those of the traditional market. The main difference between the electronic commerce market and the traditional market is an IT network system which is a companies' management strategies in the electronic commerce market. This study focuses on the examination and analysis of the companies' management strategies which are constituted through influence on the effectiveness of the IT network system in the electronic commerce market and Promoting Arbitration System in The Era of Digital Economy this study is to introduce several alternative policies of the Government and companies to such formated IT network system of the electronic commerce market in the future. It's also suggested that the Korean Commercial Arbitration Board (KCAB) fully cover consideration and arbitration, while KCAB for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR operation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate. The paper points out the last one as the most desired practice. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.