• Title/Summary/Keyword: Dispute Management

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Terms of arbitration in Franchise Agreements (프랜차이즈 계약에서의 중재조항)

  • 윤선희
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.321-351
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    • 2004
  • According to increase of Franchise Agreements, troubles related to those agreements and trading acts occur frequently. As Franchise system had come from Western countries, franchise agreement troubles tend to international disputes. In fact, those parties entered into a franchise agreement prefer arbitration to lawsuit as a dispute resolution system because arbitration is easy to risk-management for cost and time. The essential conditions for Franchise agreements are as follows ; for Franchise to grant Intellectual Properties to Franchisee, to give an impression of the same company between Franchise and Franchisee, to control and support Franchisee, for Franchisee to be an independent merchant, and to pay Franchiser license fee. Because Franchise Agreement is also based on liberty of contract, Franchise and Franchisee could enter into any kind of agreement. However, Franchiser can make an unfair agreement abusing a position of advantage. This paper check those unfair terms and conditions in Franchise agreement. Once they enter into an agreement, they should fulfil their contract. In case of trouble on performing the contract, both of them have to discuss to solve that trouble faithfully. But, they enter into either lawsuit or arbitration in accordance with agreement when they can't reach a decision in general. Specially, which is the most popular dispute resolution hands in case of Intellectual Property License agreement. General international Franchise Agreements have arbitration terms, but there is other case such as separate Arbitration Agreement if the want, which is separate from Franchise License agreement, so even though Franchise License agreement is invalidated, Arbitration agreement continues to exist, This paper reviews Franchise system and the terms of arbitration in Franchise agreement.

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Review of Potential Import Restrictions by Japan on Korean Fishery Products - A Focus on Radionuclides Dispute between Korea and Japan - (일본의 한국산 수산물 수입규제 가능성 검토 - 한·일 방사능 분쟁을 중심으로 -)

  • Lim, Byeong-Ho;Hong, Suk-Gu;Yoo, Jin-Hee
    • Korea Trade Review
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    • v.44 no.6
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    • pp.119-134
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    • 2019
  • This study focuses on a recent WTO SPS dispute related to Korea Import Bans and Testing and Certification Requirements for Radionuclides (DS495) in order to learn from the case and take proactive measures to prevent potential import restrictions by Japan on Korean seafood. Korean-Radionuclides (Japan) emphasizes the importance of sufficient scientific evidence, especially scientific information from relevant international organizations, in an effort to take preventive measures towards Japan's restrictions on Korean seafood imports. Japan claims that a novel parasite, Kudoa septempuctata, in Korean flatfish causes food poisoning. As food poisoning is a serious concern, there is a low possibility that Japan's enhanced monitoring measures would be more trade restrictive than required as prescribed in Article 5.6 of the WTO SPS Agreement. In addition, Korea is the biggest exporter of olive flounder to Japan. Hence, the possibility that similar conditions could be established is low in relation to non-discriminatory principles under the WTO SPS Agreement. Accordingly, we should collect relevant scientific evidence, improve domestic sanitary management of fishery products, and seek export diversification so that we prepare for potential import restrictions by Japan and minimize implications.

The Legal Definition of Effective Control and Dokdo Issue: International Law as Critical Asset of National Maritime Strategy (독도(獨島)의 실효적(實效的) 지배(支配)와 해양(海洋) 전략자산(戰略資産)으로서의 국제법(國際法))

  • AHN, Han Byul
    • Strategy21
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    • s.38
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    • pp.13-46
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    • 2015
  • Dokdo issue reaches beyond economic and security interest to Koreans, as it is regarded as symbol of her independence. Albeit the fact that Japan has merely no legitimate title over Dokdo, Japan has been tenaciously insisting their jurisdiction over Dokdo since the independence of Korea. Under such circumstances, public outrage towards Japan is most certainly understandable. Yet, mere outrage itself, lacking in logic and factual grounds, can contribute little if not any, to the desirable solution of the problem. Precedents reveal that dealing maritime issues amid lack of profound understanding in international law has often led to undesirable results, such as the inclusion of Dokdo in the Joint Management Fisheries Zone in 1999 Korea-Japan Fisheries Agreement. In a sense, adroit use of international law is a critical element in preserving Korea's sovereign rights against persistent Japanese plans to rob Dokdo once again. The Dokdo issue is inextricably bound to international law; the legal status of Dokdo as island, the equitable solution of maritime boundary delimitation and effective control, existence of dispute. Yet, the public policies and arguments made by pundits are generally in lack of understanding in international law. It is now the time for Korea to commence on long-term cross-academia / department plans to establish Dokdo strategy as part of the nationwide maritime strategy effectively using international law as its stronghold.

Analysis of Problems and Improvement of Inter-layer Joints in Apartment Houses (공동주택 층간이음부의 문제점 분석 및 개선안)

  • Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2021.11a
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    • pp.200-201
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    • 2021
  • According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

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A Study on the Recent Labor-Management Dispute Cases at Medical Institutions (의료기관 노사분규 사례분석연구)

  • Shin, Gang-Wook;Yu, Seung-Hum;Kim, Young-Hoon;Kim, Tae-Woong
    • Korea Journal of Hospital Management
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    • v.14 no.1
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    • pp.123-144
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    • 2009
  • Recently, a long strike by hospital labor union emerged as a serious social issue. During the Worldcup Games in June, 2002, labor strikes broke up at 'C', 'K' and other hospitals, and in 2007, 'Y' hospital suffered much from a strike. Such series of extreme labor disputes have awakened people of importance of a more stable labor-management relationship for the medical institutions responsible for people's health than any other business organization. The purpose of this study was to examine the labor-management disputes at 'Y' hospital in 2007 and 'C' and 'K' hospitals in 2002. The results of this study can be summarized as follows; First, requests of the labor union such as pay raise, reemployment of the irregular workers as regular employees and participation of the labor union in personnel affairs are the long-held or core issues suffered by the medical institutions. Such issues are not independent from each other but complicated with each other surrounding the pay raise. Accordingly, it is not easy to determine the genuine bone of issue for labor-management disputes. Second, the model type of disputes between labor and management at medical institutions may be strike. However, it is conceived that the type of disputes would be subject to change as the essential medical service area system began to be operated since 2008. Third, the common characteristic of the labor strike among the 3 sample hospitals was occupation of the hospital lobby for a sit-in strike to maximize the negative effects of strike. Article 42 (Prohibition of Violence) of Labor Union and Labor Relation Coordination Act prohibits occupation of production or other important business facilities. In addition, since Ministry of Labor interprets that the hospital lobby belongs to the important business facilities enumerated by Article 42 of the above act, occupation of the hospital lobby for a sit-in strike may be too controversial to be admitted as a fair act of labor dispute when its legitimacy should be judged. Fourth, the counter-measures taken by the hospitals against the strike were observance of the principle 'no labor no pay,' closure, legal action, accusation, claim for recovery of damage, provisional seizure, disciplinary punishment, etc., but the principle of 'no labor, no pay' was not applied in a fair manner by 'C' and 'K' hospitals. However, 'Y' hospital applied this principle thoroughly to the strike; the hospital conduced to correction of the wrong labor-management relationship by refusing inclusion in the labor collective agreement of a provision about payment of wage during the period of strike or labor union's request to that effect during a strike. In addition, 'Y' hospital took an effective measure to end the strike earlier by notifying the labor union of cancellation of the collective agreement and banning the unionists from entering the hospital.

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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

The Study on the dweller's Expressions of Apartment Facility Management in accordance with Built Year (준공연수에 따른 공동주택 관리에 대한 주민인식 비교분석)

  • Choi, Yeol;Ha, Kyu Yang;Kim, Jong-Gyeong
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.1D
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    • pp.149-155
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    • 2011
  • The aim of this study is to grasp how the dwellers of apartment cognize the real condition of the management such as general control of janitor office or management of maintenance, environment, account and imposing price of management. The analysed results of recognition are as following. First, as the dwellers judged that the janitors are incapable to control dispute among the households, it needs to develop the ability to cope with the demand of control dispute by various curriculum. There should be more strict management of parking lot for the handicapped. Second, it needs to establish the plan to improve maintenance of the rest facility. Third, as dwellers thought the management expenses not to be made public clearly, it needs to use various way, not only by neighborhood meeting but also information system such as establishing web page or E-mail notice for better announcement of the settled matters such as management expenses. Forth, the audit result of management expenses and the measures conducted after audit should be reported widely, contract of construction work services needs to be publicized by neighborhood meeting or other information system.

Implementation of Digital Contents Safety Trade System using Encryption Technology (암호 기술을 이용한 디지털 콘텐츠 안전 거래 시스템 구현)

  • Yang, Jeong Mo
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.9 no.4
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    • pp.119-125
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    • 2013
  • The amount of digital content grows exponentially by the development of the internet and the change of computing environments and the target also is getting wider. The industry using this digital content has been growing greatly. However, the distribution of pirated digital content is increasing using internet because digital content is easy to store and transmit and the damage is growing. In this paper, we propose safety trading system which can conceal the author's information safely in digital content in order to block illegal distribution of digital content. ARIA encryption algorithm is used to protect the concealed information of author in digital content and it is a help to track the illegal traders by doing fingerprinting of buyer information to digital content and managing the transaction information. The technical support for copyright dispute is to allow by providing the capability to verify illegal edit to original digital contents.

CASE STUDY: CONSTRUCTION LITIGATION FOR THE U.S. NAVAL FACILITIES ENGINEERING COMMAND, 1995-2004

  • Lilin Liang;G. Edward Gibson Jr.
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.693-698
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    • 2005
  • Evaluation of construction claims history can provide insights to improvement opportunities in a capital project portfolio. This study analyzed construction litigation claims extracted from the U.S. Court of Federal Claims (COFC) history involving the U.S. Naval Facilities Engineering Command (NAVFAC) from 1995-2004. Twenty-four total cases were examined over this period. Both "primary" causes and "root" causes were identified and compared to 666 litigation cases reviewed by the Armed Services Board of Contract Appeals (ASBCA). Based on the analysis, strategies for resolving future disputes are recommend using a 'hybrid' process prior to litigation.

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An Empirical Study on the Applicability of Growth-share Matrix in the Construction Industry

  • Lee, Seulbi;Park, Moonseo;Lee, Hyun-Soo;Jang, Youjin
    • International conference on construction engineering and project management
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    • 2015.10a
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    • pp.210-212
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    • 2015
  • The growth-share matrix is a portfolio planning tool developed by the Boston Consulting Group (BCG) to assist competitive positioning in the international market including those in the construction industry. This matrix is helpful in balancing the firm's cash-flow, and it can suggest strategic directions for each business unit. However, its effectiveness and applicability have long been debated in the academic field due to the complex and unique industrial context of construction. To solve the dispute, this research clarifies the applicability of theories underlying the growth-share matrix to the construction industry. Empirical research based on actual financial data of Korean construction firms is adopted for the statistical analysis including one-way analysis of variance and correlation analysis. The results of this research show that empirical findings on the relationship between performance variables. In this context, this research can provide important insights on the concept of portfolio management in the construction industry.

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