• 한국중재학회지:중재연구
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• 제11권1호
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• pp.217-245
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• 2001

Like traditional commerce, disputes are bound to arise in the course of conducting an e-commerce transaction. At present of June 30, 2001, 259 cases of dispute on e-commerce have been applied for the mediation of Electronic Transaction Dispute Mediation Committee, types of them are 170 cases of delayed delivery of commodity, 21 cases of contract cancellation and refund, 16 cases of personal information protection, 16 cases of false and exaggerated advertisement, 14 cases of commodity defect. The settlement systems of e-commerce dispute are litigation and Alternative Dispute Resolution(ADR). ADR encompasses mediation, arbitration, and similar private tools for resolving disputes. ADR offers many perceived advantages. Speed of resolution and low cost are often cited as the primary benefits. Therfore e-commerce disputes may be settled more effectively by litigation. The settlement systems of e-commerce dispute by ADR are the mediation of Electronic Transaction Dispute Mediation Committee, the mediation of Consumer Dispute Mediation Commercial Arbitration Board, and the arbitration of Korean Commerical Arbitration Board. 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 opetation 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.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2010년도 춘계 학술논문 발표대회 1부
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• pp.185-189
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• 2010

As recent construction project has specialization and high-level of the engineering, Although, It has always uncertainty of agreement and contract enforcement, factors of difficult to predict etc. in each phase. In this process, Various interest groups involved are continuously generated dispute of interest each others. So this paper analyzed the dispute cases in construction projects from the Supreme Court and Korean Commercial Arbitration Board in Korea, and then identified the dispute types and causes that occur during all of the construction project phases with their influence analysis. At the result, It will be contributed to the basic data for pre-dispute prevention in the construction projects.

• 대한한의학회지
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• 제35권1호
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• pp.58-67
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• 2014

Objectives: The purpose of this study was to analyze the current status of legal disputes in the Oriental medical clinics and hospitals in South Korea, and to suggest their possible solutions. Methods: Legal dispute cases advised by the Association of Korean Medicine from January 2005 to April 2012 were collected and analyzed. Results: 196 Oriental medical dispute cases were analyzed for the study. Problems in musculoskeletal system and connective tissues (37 cases) were the most common cause of Oriental medical disputes. As per treatment methods related to the dispute, acupuncture (66 cases) and herbal medicine (63 cases) were indicated as the two most common causes. The most common initial problems the patients had at the beginning of their treatment were musculoskeletal system and connective tissues problems (87 cases). Out of 196 dispute cases, only 49 were found to be the fault of Oriental medical doctors. Conclusions: This study can be used as a basis to prevent possible Oriental medical disputes. Subsequent studies should be based on a more comprehensive and extensive range of data.

• 한국중재학회지:중재연구
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• 제19권1호
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• pp.67-98
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• 2009

Recently there are many cases on the intellectual property dispute. Among them some cases are solved through mediation and arbitration. Mediation and arbitration hold some advantage over court proceeding for intellectual property dispute. However the traditional litigation system has material limitation to settle down international intellectual property dispute. Without arbitration, litigation in court would be the only choice in case of no consensual settlement between the disputing parties. However, once being aware of the usefulness of the arbitration, people in international business widely realize that arbitration is generally preferred to litigation. Mediation is a method of settling dispute outside of court setting and many mediation committee are established since 1986 in Korea. Arbitrability has been a crucial issue in the intellectual property dispute. In most developed countries including the U.S.A. and Switzerland, arbitrability in the intellectual property dispute has been changed in recent years by law. Now in resolving the dispute with international intellectual property is needed for legal research, experience, working practices and knowledge of the intellectual property industry and so on.

• 통상정보연구
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• 제9권1호
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• pp.451-465
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• 2007

It is true that every country which includes the developing country has planned own economic development through government subsidies. Korea also has developed their some major industry through supporting government subsidies. Under the WTO structure, however, government's specific supports for export firms come under prohibited subsidy and subsidy supporting must be based on WTO ASCM(Agreement on Subsidies and Countervailing Measures). The purpose of this paper was to study on the WTO ASCM and to analyze cases on the shipbuilding and Hynix DRAM dispute which Korean concerned major subsidy issue. Korea has been undergoing subsidy dispute with EU and U.S.A. concerned matter of shipbuilding and Hynix DRAM respectively. From this research results were as follow : First of all, the WTO ASCM introduced a definition of subsidy and divided subsidies into three categories and was legally bound through dispute settlement mechanism and implemented by all WTO members. Also, through analyzing cases, results were indicated that Korea wins a lawsuit against the matter of shipbuilding subsidy whereas losing the lawsuit against the matter of DRAM subsidy. It means that the case of shipbuilding subsidy do not violation WTO ASCM and the case of Hynix DARAM is against WTO ASCM. Additionally, as we see the dispute cases concerned Korean industry, it is necessary that government should operate subsidies which were provided for certain governmental policy as consisted with WTO ASCM.

• 한국건설관리학회논문집
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• 제18권4호
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• pp.48-56
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• 2017

건설사업은 목적물의 특성, 사업규모, 계약방식 등에 따라 다양한 사업주체가 참여하고 그로인해 복잡한 의사소통 구조를 가지고 있기 때문에 이해관계의 대립으로 인한 클레임 및 분쟁이 지속적으로 발생하고 있다. 그런데 분쟁의 사례를 살펴보면 상당수가 시공사와 발주자 사이에서 발생하고, 발주자의 우월적 지위에 따른 불공정 관행이 원인이 되어 분쟁이 제기되고 있다. 이에 본 연구는 상대적으로 계약적 약자인 시공사를 정보 활용 주체로 설정하고 대한상사중재원의 중재판정 사례를 바탕으로 분쟁 발생 유형 및 원인별 분석뿐만 아니라 보상비용 등에 관한 분석을 수행하여 시공사의 분쟁에 따른 시간적, 경제적 손실을 최소화하고자 하였다. 이를 통해 공사 수행 중 발생 가능한 분쟁 대응전략을 수립하는데 도움을 줌으로 써 원활한 합의 유도 및 공사의 완성도를 높이는데 기여할 수 있을 것으로 기대한다.

• 한국환경과학회지
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• 제32권10호
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• pp.693-701
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• 2023

In this study, we analyzed 82 dust damage dispute mediation cases over the past 5 years and evaluated cases where the probability of damage was verified through dust concentration measurement, modeling prediction, and chemical composition analysis. The cause of dust damage was a construction site, which accounted for most of the damage (97%), and was closely related to the distance from the construction site, total floor area of the construction site, and construction duration. Compensation was decided in only 33% of dust damage cases, and in only 6% (five cases) were damages determined using scientific techniques such as dust measurement, and forecasting. The main criteria for determining compensation were whether administrative measures were taken and evidence of damage in the form of videos and photos. In the future, measuring or model for the amount of dust damage is necessary to determine whether the limit has been exceeded and to revise the standard for calculating compensation through various lines of evidence of dust damage.

• 한국중재학회지:중재연구
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• 제26권3호
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• pp.3-26
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• 2016

The preferential Rules of Origin (RoO) govern tariff preferences that are given in accordance with the FTA. However, relatively few studies have been devoted to the procedures in settling disputes that are relevant to RoO under the FTA. This study is a first attempt at analyzing the applicability and the potential improvement in dispute settlement procedures in FTAs targeted at the preferential RoO. By exploring three dispute cases involving the preferential RoO, it is suggested that restrictiveness, complexity, and uncertainty that are inherent in the preferential RoO may trigger political tension and dispute. Forming a panel that is capable of mitigating political tension, facilitating participation and early cooperation of experts and stakeholders, and establishing a well-structured enforcement procedure are essential in dispute settlement procedures to resolve disputes involving cases on RoO. Furthermore, the current dispute settlement procedure that hinders the private sector's access should be changed to one that is more open to private sector entities, such as companies, to facilitate the enforcement of the decision. Given that more improved FTA dispute settlement procedure may guarantee the enforcement and application of the FTA preferential treatment in relation with more politically powerful states and foster genuine free trades, more in-depth studies must be conducted on this topic.

• 한국중재학회지:중재연구
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• 제9권1호
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• pp.291-322
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• 1999

The world of today faces a radical change, a new revolution, by the spread of the Internet. It is used not only for advertising but also for the exclusive rights in the field of information and communication, in add to the way of developing everyday our lives with world news, home-shopping, on-line education and so on. Actually, since the Internet Domain's Name(IDN) is unique over the world, the individual and the companies which provide information through the Internet have a keen competition to make a good IDN to memorize and organize all available information provided them. As a result, there are an increasing number of the cases where one company files suit against another for the validity of it's IDN so the policy to arbitrate and solute the cases is required. This paper is going to introduce the structure and the system of management for IDN. It will also discuss the efficient management of IDN, various case analysis of the dispute restraint and solutions, and the movement of improving the management procedure of IDN in WIPO. So we suggest to examine common disputes among IDN uses and solution methods for future problem at EC times. Therefore we have to establish the dispute solution system. Here are the two methods : one is that to establish a dispute solution organization. This organization which can conduct the new dispute solution procedure differs from the existing legislation system. The other is that to establish a dispute solution procedure i.e. the various dispute solution procedure for efficient dispute solution : council, inspection, mediation and arbitration. This procedure is conducted on-line due to features of the IDN disputes, also along with the current legislation system and the International dispute solution procedure. Because there is possibility the IDN disputes usually are connected with other countries. As there is no specific disputes solution procedure so far, we have to wait while development occurs that also striving to be coherent with and between the domestic and International solution procedure by helping to establish the International dispute solution procedure.

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