• 한국중재학회지:중재연구
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• 제25권4호
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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.

• 대한한의학회지
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• 제39권4호
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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.

• 대한치과의사협회지
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• 제53권2호
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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.

• 한국중재학회지:중재연구
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• 제25권3호
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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.

• 한국조경학회지
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• 제21권4호
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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.

• 한국콘텐츠학회논문지
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• 제10권11호
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• pp.294-303
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• 2010

의료사고란 의료서비스를 제공할 경우 발생하는 예기치 않은 사고'를 말하며, 의사는 환자치료에 대한 책임을 진다. 의료분쟁은 치료를 받는 과정에서 피해를 입었다고 생각하는 환자와 환자 진료에 대한 의무를 다하지 못한 의사 개인 간의 분쟁이다. 불행하게도 실제로 의료분쟁은 상호이해를 통하거나 상호 의사소통을 통한 공무상의 접근대신에 의료분쟁소송으로 나타나고 있다. 본 연구의 배경은 의료분쟁의 판례 분석을 통하여 의료분쟁의 유사한 사례를 예방하기 위한 기초자료를 제공하기 위하여 시도되었다. 본 연구의 결과는 다음과 같다. 첫째, 의료기관 설립구분에서는 병원급이 62.9%로 가장 많았다. 둘째, 의료분쟁의 발생 원인으로는 수술이 27.8%로 가장 많았고 그다음이 주의의무 위반 20.6% 그리고 진료가 11.3%를 차지하였다. 셋째, 진료과목에 따른 평균 배상급액은 산부인과가 38,384,000원으로 가장 높았다. 결론적으로 의료분쟁을 해결하기 위한 가장 좋은 방법은 의료분쟁의 원인 자체를 예방하기 위하여 진료과정에서 보다 세심한 주의를 기울여야 할 것이다.

• 한국중재학회지:중재연구
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• 제20권1호
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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.

• 한국중재학회지:중재연구
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• 제8권1호
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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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• 제24권3호
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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.

• 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.