• Korean Security Journal
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• no.11
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• pp.129-157
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• 2006

With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

• IE interfaces
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• v.15 no.3
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• pp.270-278
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• 2002

Product Liability(PL) is a legal policy to deal with global competition by improving domestic industrial competitive power and to reduce the cost of defect products. The purpose of this paper is to address the state of the art solutions to dispute on PL, in reality of a frequent occurrence of global product exchange focussing on product safety that is one of the most important functions of PL and to improve solution of the product safety and reliability responsive to PL. To minimize PL exposure, manufacturers should reflect comprehensive product safety and reliability concepts in establishing PL prevention policies. Total PL prevention policies are composed of total quality management and product safety management system in respect of safety design, risk, and reliability. These PL prevention activities should be performed consistently during the total product life cycle, especially product research and development periods.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• Proceedings of the Society of Korea Industrial and System Engineering Conference
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• 2002.05a
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• pp.31-36
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• 2002

Product Liability(PL) is a legal policy to deal with global competition by improving domestic industrial competitive power and to reduce the cost of defect products. The purpose of this paper is to address the state of the art solutions to dispute on PL, in reality of a frequent occurrence of global product exchange focussing on product safety that is one of the most important functions of PL and to improve solution of the product safety and reliability responsive to PL. To minimize PL exposure, manufacturers should reflect comprehensive product safety and reliability concepts in establishing PL prevention policies. PL prevention policies are composed of administration system, product safety management system, and total quality management system in respect of prevention, safety, and defence.

• The Journal of Korean Medicine
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• v.36 no.3
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• pp.111-125
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• 2015

Objectives: The purpose of this study was to analyze the current cases of oriental medical injury relief data from Korea Consumer Agency (KCA), and to report the current change of oriental medical disputes pattern. Methods: Oriental medical injury relief cases processed by KCA from January 2010 to February 2015 were collected and analyzed. Results: 149 Oriental medical injury relief cases from KCA were analyzed for the study. The highest number that had been relieved was 43 in 2014. In monthly status, 18 case in September was The highest. According to the record, the bigger city had the bigger amount of relief cases which was 53(Seoul), 43(Gyeng-gi), 11(Busan) and so on. In age categories, 30s had the highest number of injury relief cases. The injury relief cases of package program had been rapidly increasing since 2013. Cancellation was the dominant claims cause of package program and consumer required the refund of prepayment. Breast augmentation was the majority treatment type of injury relief cases of package program. Average prepayment of package program was \3,166,085. Conclusions: This study finded that the major cause of oriental medical dispute was changed from side effect of clinical treatment to patient's satisfaction of medical service.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.173-198
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• 2010

The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Journal of Korean Society of Environmental Engineers
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• v.34 no.2
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• pp.126-135
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• 2012

Republic of Korea designates a waste disposal site within the fishing zone administered jointly with Chin in the Yellow Sea. The issue of waste disposal at sea is subject to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter commonly called London Protocol. China, one of the contracting parties declared that if China becomes a party to a dispute concerning the interpretation and application of the Protocol, the Arbitral procedure of the Protocol shall only be applied with written consent of the Government of China according to the Article 16.5 of the Protocol at the time of its accession. The Article allows any State may declare that, when it is a party to dispute about the interpretation or application of precautionary approach or polluter pay principle, its consent will be required before the dispute may be settled by means of the Arbitral procedure of the Protocol. This paper analyzes the legal basis of Chinese declaration and its implication to parties that may be in dispute with China using international precedents of similar nature and a game theory.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.245-283
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• 2003

Since enactment of the Product Liability Act(PLA) on July 2002, Enterprises in Korea should be insured the Product Liability under the Act. Therefore they had to make a special team and organize it to match with the Act. However, some enterprises didn't follow and prepare the team for the dispute resolution. For example, in America, many enterprises had been attacked the PLA and in Japan, as well. but Korea is rare for the PLA. Thus, this is to research the PLA for protecting the disputes. Upon this study, 1 would like to suggest some issues and a revision of the PLA. Those are the purpose of my research. In this study, it consists of 5 chapters for achieving the purpose of the research. Introduction of this study is mentioned in Chapter 1, and Chapter 2 is for outline of the PLA in Korea. At Chapter 3, the cases are analyzed in the disputes of importers to address important things we have to check. After the analysis, resolution methods in general on import practices are suggested at Chapter 4. Also, this study is summarized at Chapter 5 including further research. In this research, 1 find out complex of Product Liability insurance and issues related with PLA. For protecting the issues and disputes; importers should prepare a agreement of arbitration during the preparation of contracts. Nothing can be better than prevention on any disputes, but they can be happened sometimes without any intentions or by mistake. Solving these issues, the resolution methods of this research are the most valuable. The mediation and the negotiation do not force any legal matters. So, the dispute through them does not have a positive resolution, and the effectiveness of them is very low. Due to the resolution of issues, arbitration is a desirable resolution. In Korea, most people do not know about the arbitration due to the lack of understanding of arbitration. Currently arbitration related with Product Liability has not been followed up promptly because procedures and judgement from a court take for a long time. In sum, in order to solve the disputes properly, they should be supported by the arbitration system to concrete essential objectives, so to speak, protection of the victim and the improvement of arbitration. In addition, the systematic arrangements would be required to carry out all the methods above mentioned. Those are for manufacturers, importers, and customers for the dispute resolution.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.2
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• pp.409-417
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• 2017

The study is concerned with doing research on the plan to prevent the dispute occurring between contract parties regarding the additional cost generated when the construction period is shortened during construction work. After the review of the claim cases and the judgment cases of the court regarding the additional cost caused by the shortened construction period, the representative problem is the incomplete regulations on calculating the additional cost. In the 1st stage of the results of the research on the problem, the procedure handling the additional cost is presented, and the process of planning and approving the shortening of the construction period is gone through in the stage of the procedure to prevent the dispute on the additional cost between contract parties. In the 2nd stage, the plan on enacting and revising the regulations on removing the incomplete problems of the current regulations relating to the calculation of the additional cost. The basis for the advanced contract management is provided by resolving the incomplete problems of the current regulations relating to the shortening of the construction period with the prevention of a dispute and the resultant loss.

• Journal of Korean society of Dental Hygiene
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• v.17 no.2
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• pp.295-305
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• 2017

Objectives: This study was performed to provide a reference base to establish foundation for education about dental hygienist-related medical law and introduction of the system. Methods: A survey was conducted on 210 dental hygienists working at a dental clinic/ hospital in Jeollado. Data were analysed through chi-square test, one-way ANOVA, independent t-test, and Pearson's correlation analysis using SPSS 21.0 program. The study instruments included general characteristics of the subjects, knowledge on laws related to dental hygiene, attitude towards dental hygienist-related medical laws, level of understanding of medical related laws, and medical dispute educational hours. Results: The knowledge of dental hygienist-related medical law was high in dental hygienists aged 25 years and younger and with less than 3 years of clinical experience (p<0.05). The attitude towards the law was low in age of younger than 25 years, a three year college degree, a job position as a staff member, more than 5 years of work experience at present work place, and less than 3 years of clinical experience (p<0.05). Understanding of medical related laws was high in clinical staff members and with less than 3 years of clinical experience (p<0.05). Educational needs for medical dispute prevention was high in a job position as a staff member, low level of attitude towards dental hygienist-related medical law, and no attainment of education on medical dispute (p<0.05). Conclusions: The above results demonstrate that education and public relations about laws related with dental hygiene practice are essential. It is imperative to establish a systematic and bureaucratic legal system to prevent dental malpractice.