• Title/Summary/Keyword: Dispute Management

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Legislation Trend Referring to Burden of Proof in Medical Malpractice Lawsuit (의료과오소송 입증책임 관련 입법의 동향)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.129-162
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    • 2008
  • Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.

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Identifying and Analyzing Pre-Dispute Factors for Construction Projects (건설공사 사전분쟁요인 도출 및 분석)

  • Park, Sung-Yong;Yang, Jin-Kook;Kim, Byeong-Ok;Lee, Sang-Beom
    • Korean Journal of Construction Engineering and Management
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    • v.10 no.6
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    • pp.48-57
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    • 2009
  • As recent construction projects have gradually become larger in size and complex, construction documents such as drawings and specifications revealed the limitations that can not express all the necessary information. Due to the lack of stipulations on the contract, disputes arise among contracting parties. Traditionally, many construction companies in Korea make an unfair agreement with the clients so that the irrational items are included in their contract documents. Potential dispute factors are triggered as a result of misleading or omitted items on the written documents. This paper analyzed the civic counseling cases obtained from the public procurement service in Korea, and identified the potential dispute factors that can occur during pre-dispute stage alone with their influence analysis. The results found from this study can be used for the development of checklists that prevent the dispute in the process of construction projects.

A Study on the Chief Cause of the Labor Dispute in the Manufacturing Industry (제조기업 노사분규 발생요인에 관한 연구)

  • 홍상우
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.17 no.30
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    • pp.89-99
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    • 1994
  • The labor-management relationship in the manufacturing industry of Korea is placed in a new situation that the political state and economic circumstances are fundamentally changed So a new policy about the labor-management relationship is needed This paper intends to find out a new policy about that based on examining the chief cause of the labor dispute in the pusan area.

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Patterns of medical accidents and disputes in the orthodontic field in Korea

  • Kim, Young Hoon;Hwang, Chung Ju
    • The korean journal of orthodontics
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    • v.44 no.1
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    • pp.5-12
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    • 2014
  • The committee of admitted doctors developed a questionnaire regarding medical dispute and distributed it to 1,600 members of Korean Academy of Orthodontics. The questionnaire consisted of three categories and 56 items covering basic information about the doctors and patients who had experienced medical disputes, the cause and workaround of medical accidents, and methods for taking precautions. The present survey showed a similar proportion of responders who had experienced a medical accident compared to the study in 1997. The primary reason for medical disputes was dissatisfaction with appearance. Many doctors felt that they would likely experience a medical dispute at some point. Most disputes were settled by doctors themselves, usually for an amount of less than 5 million Korean won. For some doctors, medical accidents lead to ongoing psychological problems. Responders felt that continuing education for medical dispute is very necessary. These results reveal a need for the association of orthodontists to lead advancements in education and countermeasures for preventing and managing medical accidents and disputes.

A Study of Major Issues in the Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc. (의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률(안)의 주요 쟁점에 관한 고찰)

  • Park, Joon-Su
    • The Korean Journal of Health Service Management
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    • v.4 no.2
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    • pp.107-117
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    • 2010
  • In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

A Study of the Introduction and Application of Partnering to the Alternative Dispute Resolution(ADR) (재판 외 분쟁해결제도로서의 파트너링 도입에 관한 연구)

  • Lee Tai Sik;Jeong Hyun Jin
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.329-332
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    • 2001
  • Alternative dispute resolution(ADR) techniques, like negotiation, arbitration, meditation, have been used to resolve dispute in Korea construction industry with litigation. Nowadays, in construction, there are growing numbers of disputing cases, because of the different viewpoint of the owner and the constructor, great demand of opening market, and bad construction business situation. As the name implies, ADR plays an important roles after disputes have already arisen. This paper suggests the one of the solutions that prevents disputes befor they have been occurred. There are some proves that the partnering has a substantial effect on reducing disputes and time reduction and improving communication among the parties. This paper proposes the partnering model for the one of preventive methods to solve disputes.

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Forecasting the Effects of the Claims in the Korean Construction Industry (국내 중재사례를 통한 주요 건설 클레임 예측 방안)

  • Kim, Jihye;Im, Haekyung;Choi, Jaehyun
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.5
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    • pp.35-44
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    • 2016
  • Various risk factors are known to be the nature of construction project execution process. These factors lead to potential claims, dispute mediation, arbitration, and litigation which can result in huge loss of money and time. Therefore, it is necessary for construction companies in Korea to improve overall project management capability through the evaluation before entering into the overseas construction market. Also, after examination of the claim and dispute caused by construction project risks, a substantial degree of influence and active preparation for the claim and dispute management should be confirmed via the effect analysis of the each factors. Main claim causes were derived through claim and dispute cases involved with domestic construction projects. As a prediction result of the main claim, 16.1% of the construction change claim, 5.7% of the bad faith claim and 2.7% for the construction delay claim were found to be the portion of the total construction cost. As a result of this analysis, risk management methodology was suggested to improve a project management capability for domestic construction companies through analysis result of the main factors of construction claims.

Measuring the Impact of a Trade Dispute with a Supply-side Shock Using a Supply-driven Input-Output Analysis: Korea-Japan Dispute Case

  • KIM, DONGSEOK
    • KDI Journal of Economic Policy
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    • v.43 no.1
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    • pp.29-52
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    • 2021
  • The purpose of this paper is to measure the impact of the recent Korea-Japan trade dispute on the Korean economy using supply-driven input-output analysis. In July 2019, Japan announced the decision to tighten the export control of three materials which are indispensable in the manufacturing of semiconductors and electronic display panels. Japan's decision directly affects production in Korea's semiconductor and display sectors and is hence not a demand shock. For this reason, a standard demand-driven input-output analysis is not valid despite the fact that it can still be applied. The impact of Japan's decision on Korea's aggregate and individual sectors' gross output, GDP and employment were computed using both methods.

A Study on Alternative Medical Disput Resolution -With a Focus on Medical Dispute Mediation of Kca- (제소 전 의료분쟁 해결에 관한 연구 -한국소비자원 의료분쟁 조정을 중심으로-)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.71-89
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    • 2012
  • Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

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