• 한국중재학회지:중재연구
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• 제28권4호
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• pp.3-42
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• 2018

This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

• 의료법학
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• 제14권1호
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• pp.117-144
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• 2013

After several bills for the reasonable medical dispute resolution had been proposed for over twenty years, "Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation" was eventually enacted on April 7, 2011 and came into effect from April 8, 2012. This study evaluates the achievements and results of the past year, suggesting the future improvements or tasks. The main issue of Act on Medical Dispute Mediation is Korea Medical Dispute Mediation and Arbitration Agency. Therefore, the success of the Act depends on the outcomes of Korea Medical Dispute Mediation and Arbitration Agency. Although the Act has been enforced for only one year, this paper examines the outcomes of the Agency with limited materials for its development. Korea Medical Dispute Mediation and Arbitration Agency was established for rapid, fair, and effective medical dispute resolution. Thus, the evaluation of the performances of the Agency is based on the 1) rapidness, 2) fairness, and 3) effectiveness of the dispute resolution. To sum up, the system earned positive evaluations as for the rapidness and fairness, but some problems were indicated with regard to the effectiveness. As the system of medical dispute mediation and arbitration in Korea has no parallel in the world, other countries show many interests in it. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs. As the Act had a difficult passage through Parliament, it should be maintained and improved continuously.

• 정보보호학회논문지
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• 제24권2호
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• pp.397-409
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• 2014

지난 2011년 3월, 개인정보보호법 제정에 따라 업무적으로 암호화 대상이 되는 개인정보를 취급하는 개인정보처리자는 해당 개인정보처리시스템에 대한 DB 암호화를 적용해야 한다. 또한 이에 맞추어 법 집행 및 이행 기관인 관련 당국에서는 이러한 DB 암호화 규정이 제대로 적용되고 이행되고 있는지 관리 감독을 강화하고 있다. 그러나, DB 암호화라는 과정 자체가 시스템 및 업무 절차 등 현실적으로 고려해야 할 요소가 많고 DB 암호화 시 투입되는 시간 및 비용 또한 만만치 않다. 게다가 암호화 규정에 따른 암호화 기준 및 가이드에 비해 실질적으로 고려해야 할 요소들이 상당히 많음에도 불구하고 아직까지 암호화와 관련된 보다 구체적이고 현실적인 검증 항목이 다소 부족한 것으로 보인다. 이에 본 논문에서는 법규 준수의 의무가 있는 수범자, 즉, 개인정보처리자의 입장과 이러한 법규 준수에 대한 점검 및 통제 의무가 있는 관련 당국의 규제 기관 등에서 상호간 건전하고 합리적인 시각에서 DB 암호화에 대하여 현실적이고 구체적인 방향성을 제시하고자 DB 암호화 시 반드시 고려해야 할 DB 암호화 검증 프레임웍을 제안하고자 한다.