• 한국중재학회지:중재연구
• /
• 제25권3호
• /
• pp.135-154
• /
• 2015

The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.

• 한국중재학회지:중재연구
• /
• 제30권1호
• /
• pp.199-215
• /
• 2020

Compared to Korea's recently expanding art distribution market, the difficulty of securing the authenticity of art is hindering the healthy development and growth of the market. In this regard, the current situation of the emotional system in the UK and France's art distribution process are examined as excellent cases in foreign countries. In the UK, there is a full autonomous appraisal system by art experts without state intervention. In France, the judiciary and the administration of art have an appraisal system for art works, so the appraisal work has reliability and objectivity. Through the above system, this study suggests measures to strengthen transparency in art trade and to break unfair practices in order to secure the authenticity of the domestic art distribution market. In addition, this study proposes the establishment of a professional appraisal system and the improvement of administrative law regulations to explore the possibility of ensuring fairness through mediation through the example of an international arbitration body.

• 의료법학
• /
• 제13권1호
• /
• pp.295-329
• /
• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• 대한전자공학회논문지TC
• /
• 제46권5호
• /
• pp.78-87
• /
• 2009

IEEE 802.16 무선 MAN 표준안에서 best effort 서비스는 가장 낮은 우선 순위이며 예약 ALOHA 기반의 MAC 방식의 지원을 받는다. 이러한 MAC 방식에서 요청간의 충돌은 피할 수 없으므로 표준안은 충돌 중재를 위해 이진 지수형 back-off 규칙을 채택하였다. 본 논문에서는 throughput 성능의 향상을 위해 pristine 규칙과 metamorphosed 규칙으로 명명된 p-persistence 규칙에 기반한 두 가지 충돌 중재 규칙을 대안으로 제시한다. 또한 각 규칙에서 포화 throughput의 근사값을 계산하는 해석적 방법을 개발한다. 모의 실험 결과와의 비교를 통해 이러한 해석적 방법의 높은 정확성을 확인하고 이진 지수형 back-off 규칙과의 비교하여 pristine 규칙 및 metamorphosed 규칙은 높은 포화 throughput을 가져올 수 있음을 관찰한다.

• 한국중재학회지:중재연구
• /
• 제15권3호
• /
• pp.267-301
• /
• 2005

Following the increased economic corporations between the South and North Korea, many companies participate the corporation program. They needs insurance policy as a scheme for the transfer of risk from those individual company to it to an insurer. This paper review the possibility of the North Korea insurance authorities and research the origin, history, structure and context of the North Korea insurance law. The North Korea Insurance law differ from the South Korea and China's. North Korea Insurance authority has not capability of doing insurance business both side of underwriting and indemnity. Partly, it caused the uncertainty, insufficient and vague of the insurance law. The writer conclude that the North Korea insurance law faced to the needs of modernization. Especially, the Gyesung Industrial Complex Insurance Regulation couldn't cover the investor and company's risk because it is not based on the nature and basic principles of insurance.

• 한국통신학회논문지
• /
• 제25권4A호
• /
• pp.471-480
• /
• 2000

한정된 무선 자원을 사용하는 데 있어서 그 효율을 극대화하기 위하여 마이크로 셀이나 피코 셀 구조에서 다양한 트래픽을 서비스하게 되는데, 급격한 무선 통신 사용자의 증가에 따른 잦은 핸드오프 발생이 문제가 되어왔다. 본 논문에서 제안하는 채널할당기법에서는 서비스별로 각각 보호채널을 두어 핸드오프호를 전담함으로써, 서비스 품질에 관건이 되는 핸드오프 실패 확률을 낮은 값으로 유지시킨다. 또한, 트래픽의 다양한 변화에 따른 성능 저하를 방지하기 위해 호의 밀도에 따라 채널 조정을 수행하여 주어진 한정된 수의 채널을 가변으로 운용함으로써 고정 채널할당기법이 갖는 단점을 보완할 수 있도록 하였다. 이동국의 속도와 트래픽의 변화에 따른 초기호 차단 확률과 핸드오프호 차단 확률을 기존의 방식과 비교·분석함으로써 성능을 평가하였다. 트래픽이 서비스별로 불균일한 경우에도 제안하는 방식은 효과적 채널 조정을 통하여 모든 서비스에서 규정된 호차단 확률을 위반하지 않는다.

• 한국중재학회지:중재연구
• /
• 제19권3호
• /
• pp.199-217
• /
• 2009

During the urbanization progresses, apartments such as the house of commons, representing our homes are situated in space. However, many consumer problems of our country's apartment house are caused by the government's failure of housing policy and consumer dispute resolution system In this study, apartment house and alleviate consumer disputes relating to in proactive ways to improve the government's housing policy was presented. At the same time, since the revision of Consumer Fundamental Act on collective alternative dispute resolution system has proposed scheme, this occurred after a dispute to resolve the dispute can be more efficient ways.

• 한국중재학회지:중재연구
• /
• 제26권4호
• /
• pp.129-149
• /
• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• 환경영향평가
• /
• 제21권4호
• /
• pp.525-541
• /
• 2012

This study aims to investigate the possibility of Investor-State Dispute under Korea US FTA in relation to Korean environmental impact assessment scheme. The study analyzes the Investor-State Dispute case between Bilcon of Delaware and the government of Canada. The case study shows that Bilcon challenged Canada with violations of NAFTA 1102, 1103 and 1105, arguing that Canada treated Bilcon in an arbitrary and discriminatory manner. The study analyzes two different scenarios that Korea could face with arbitration for alleged breach of its obligations under the Korea US FTA in relation to EIA scheme. From analyzing the case study in relation to two different scenarios, the study finds that problems previously identified and associated with EIA scheme in Korea could directly or indirectly cause Investor-State Dispute Settlement process between Korea and American investors. The study concludes that the risk of violating Korea US FTA related with Korean EIA could be reduced by creating Korean EIA scheme in a transparent and unarbitrary manner which guarantees fair public participation and elaborating the concrete meaning of sustainable development in EIA law.

• 한국중재학회지:중재연구
• /
• 제22권1호
• /
• pp.43-63
• /
• 2012

Media ADR is currently emerging as one of successful cases in South Korea while environmental ADR was known not to satisfy both defendants and offenders. Thus, this paper is intended to present proper remedies for typical compensation schemes of environmental ADR by comparing the two ADRs regarding legal reservation of compensation clause. It was found that the media ADR helped clients achieve a more fast and easy dispute resolution by providing compensation standards based on various categories such as types and scopes of compensation. However, the compensation scheme of environmental ADR brought out public complaints and inadequate services due to inconsistency and instability in terms of legal reservation. The results indicate that the compensation clause based on the reservation of laws in media ADR could be used not only as a checklist to confirm limitations of environmental ADR, but also as realistic evidences to adjust the compensation standard systematically that is under development and requires remodelling. As a result, the research findings have opened the new possibilities of "the quality assurance of environmental ADR based on the domestic legislation", proposed as an initial aim of this paper.