• Journal of Arbitration Studies
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• v.25 no.4
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• pp.97-117
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• 2015

As women's social advance had accomplished improvements to standard of living and equal employment, new forms of dispute such as gender inequality, sex crimes, and divorce rate increases have begun to generate. Disputes between men and women are desirable to settle by ADR rather than by traditional litigation owing to difficulties of legal resolution, cost and time, need for amicable dispute, etc. This study aims to reveal whether there is a relationship between ADR and gender. Through review of previous articles, this study finds that gender difference makes a visible difference depending on case type, context, and sex role of participants. For example, women were selected as mediators and arbitrators in non-monetary and small-claims disputes, family, labor, and consumer disputes and men were selected in large-scale disputes and construction, corporate and commercial, and intellectual property disputes owing to differences of experience and professionalism. Women were relatively frequently selected as mediators owing to active communication skills and men were selected as arbitrators because of decision-making skills.

• The Journal of Korean Medicine
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• v.39 no.4
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• pp.114-120
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• 2018

Background: This paper was to investigate Korean medical disputes through the cases of asking Korean Acupuncture and Moxibustion Medicine Society(KAMMS) for medical consultation Methods: In this study, it was investigated 66 medical disputes requested to KAMMS for medical consultation from April, 2013 to December, 2017. The cases of disputes were classified according to the year, month, sex, age, area, original disease, treatment method and type of occurrence. Results : There were 66 cases from April, 2013 to December, 2017 that able to investigate. There were no annual increases and decreases or monthly trends in medical disputes. In characteristics of patients, female (53.03%) were more likely than male, and the age distribution was in in 50s (24.24%). It occurred in area, followed by Gyeongsang (33.33%), Gyeonggi-Incheon (30.30%), and Seoul (13.64%). The majority of original disease was musculoskeletal disease (81.82%), and treatment methods that have been assumed to cause medical disputes were 38 cases (57.58%) of acupuncture, followed by 12 cases (18.18%) of combined treatment. Analysis of occurred disease showed that 23 cases (34.85%) of musculoskeletal diseases were the most common, followed by 17 cases (25.76%) of infection. When original disease was musculoskeletal disease, the greatest type of occurrence was musculoskeletal disease (30.30%), but there was no statistical significance. Musculoskeletal disease was common after acupuncture (28.80%), and infection was common after combined treatment (12.10%). It was statistically significant. Although no statistically significant, pharmacopuncture tended to cause the immune response, while moxibustion tended to cause burns.

• The Journal of the Korean dental association
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• v.53 no.2
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• pp.103-110
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• 2015

The dental accidents and disputes among Korean dentists have been on the increase with time. The main purpose of this study is to figure out the actual status of the dental accidents and malpractice disputes based on a questionnaire survey. The findings showed that 64.8% of respondents had been experienced the dental accidents, and 52.9% of respondents had been locked into the disputes. Within 5 years from the start of dental practice, the nearly half of the dentists responded the experience of the dental accidents and disputes. The amount of compensation for dental accidents and disputes wereindentalimplant, prosthodontics, and oral surgery treatments in descending order. The highest incident type was wrong process/treatment/procedure problem in clinical process/procedure.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.155-184
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• 2015

This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

• Journal of the Korean Institute of Landscape Architecture
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• v.21 no.4
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• pp.1-14
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• 1994

This study attempted to characterize conflict frames of environmental disputes by examining twelve actual wetland permitting cases in Ohio. The participants consisted of such interested parties as applicants, technical, legal or environmental consultants to applicants, U.S.Army Corps of Engineers, U.S.Environmental Protection Agency, U.S.Fish and Wildlife Service, Ohio Environmental Protection Agency, Ohio Department of Natural Resoures, local agencies, the environmental community, and citizens who have been involved of the permitting process. The purpose of this study is to provide empirical evidence of how different perceptual frames existed in the wetland conversion disputes, and to understand different environmental conflict frames that influenced disputants' perception relating to dispute resolution. The vehicles used to collect the necessary data were three survey instruments : Open-ended questionnaires, Likert-type questionnaires, and ranking questionnaires. Forty-three subjects were contacted for open fact-to-fact interviews, 53 subject for Kikert-type mail survey and 54 subjects for ranking instrument mail survey. Analyses of survey results revealed that six different types of frames were clearly identified from all the parties involved in Ohio wetland conversion disputes. It revealed that disputants had statistically significantly different levels of perception to the frames based on the participants' role (i.e. regulator, applicant, commentor), the number of involved parties in the process, processing time and the issuance of a permit. The findings also revealed that information sharing among disputants played a significant role in the process of froming and reframing. The alternative idea, building cooperation through negotiation, was proposed to provide new insight into the resolution of the dispute.

• The Journal of the Korea Contents Association
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• v.10 no.11
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• pp.294-303
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• 2010

Unexpected results caused by medical service are defined as malpractice, and the doctor must bear the responsibilities following the medical treatment. Malpractice disputes are disputes between patients, who are seen as the only victim in this way, and medical personnel who do not admit to the charges. Unfortunately, in reality, an official approach to mutual understanding and communication in the instance of such disputes does not exit. Based on this background, this study was attempted to prevent similar forms of medical disputes from occurrence and provide fundamental data to prepare by analyzing the medical disputes precedent. Results of the study are as follows: First, For type of medical institution, hospitals accounted for the most part as 62.9%. Second, Among total medical disputes, the cases surgery accounted for 27.8%, violation of duty care accounted for 20.6% and that of medical treatments 11.3%. Third, For a mean agreed amount by medical department, it was the highest in obstetrics & gynecology as 38,384,000 won. In conclusion, the most desirable method of dispute resolution is to prevent a cause of dispute to the root.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.67-85
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• 2010

On-line ADR is to use means of settling disputes online to settle disputes happened on-line or off-line. It gave important opportunity for engaging in a commercial transaction to small group or individual. If it uses judiciary proceeding, it will cost too much, complicate and take considerable time. So, because of these reasons, OECD even encourage on-line ADR as a mean for relieving consumer's damage actively on e-commerce. Korea is also trying to introduce on-line ADR partially or completely in Korea Consumer Agency, The National IT Industry Promotion Agency, The Korean Commercial Arbitration Board. However, Korea's on-line ADR is more insufficient than advanced country's. Nevertheless, because on-line needs to introduce, this study suggests the problem and plan centering the type and the present condition of on-line ADR.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.3-33
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• 1998

Since the Start of WTO in 1995, world trade volume was substantially increased as much as over $250 billion by lifting the trade barriors This effect brought new problem of increasing disputes. Significantly an ever increasing atention is paid to the Question of means and procedures of settling such disputes by arbtration. The problem of arbitration has indeed become most popular with all those who take interest in legal aspects of international cooperation in various spheres. In practice arbitration seems to renovate its function to take over new disputes arising from electronic transaction such as internet trade. Looking at the actual use of arbitration, its merits than litigation should cover new aspect concerning new kind of claims caused by new type of transaction. The efficient procedure for dispute will help every country save loss of profit by the delay of settlment. This thesis aims to facilitate the appearence of more efficient arbitration procedure for dispute settlment system.

• International Journal of Computer Science & Network Security
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• v.24 no.3
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• pp.29-37
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• 2024

Resorting to electronic arbitration to resolve disputes in international trade contracts is the most important reflection of technological progress on the reality of international commercial arbitration. Electronic is a modern image of traditional arbitration, and this type of arbitration provides many advantages that are not provided by any legal system for resolving disputes, including speed, effectiveness and lower costs. What will this development produce? Through technical progress in the means of communication, it has become conceivable that international trade dealers agree to arbitration via electronic means of communication, followed by the completion of the arbitration process via the Internet, leading to the issuance of the electronic arbitration award in an electronic manner as well.

• Journal of Arbitration Studies
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• v.11 no.1
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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.