• Korean Journal of Organic Agriculture
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• 제5권2호
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• pp.13-36
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• 1997

This study aims to point out the basic strategy of agrotechnical and -political approaches toward successful settling for the environmental agriculture system in Korea. Although environmental agriculture & forestry strategy toward the 21st century and it's action program were released in 1996, some scientist from environmental agriculture and organic agriculture still argue on the errors of it's strategy and action program in terms of environmental sound functions. Especially it's strategy and action program of government did not focus the reduction of fertilizer and pesticide as the matters of weight and importance to reduction of fertilizer and pesticide as the matters of weight and importance to realize an environmental sound agriculture system. And korean organic agriculture gets a point in dispute, because 1) they do not practice of Basic Standard of IFOAM and FAO/WHO Codex draft, and 2) organic farming is defined quite differently from internationally recognized core aspects of organic agriculture. Organic farming, in Korea, is taken to mean the replacement of chemical fertilizer by organic manure and avoidance of agricultural chemicals. In the paper it is discussed the necessity, purpose, effect and consequence of basic standard for korean organic agriculture. The reformation of the certification system and t he direct payment system in environmental agriculture & forestry strategy toward the 21st century and it's action program by government, and on the need of the teaching program and curriculum in high education institution, the breeding program of resistant cultivars, the soil testing for optimum fertilization strategy, the nutrient management program, the declaration for 2020 environemntal agriculture are also discussed.

• Journal of Arbitration Studies
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• 제22권1호
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• pp.43-63
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• 2012

Media ADR is currently emerging as one of successful cases in South Korea while environmental ADR was known not to satisfy both defendants and offenders. Thus, this paper is intended to present proper remedies for typical compensation schemes of environmental ADR by comparing the two ADRs regarding legal reservation of compensation clause. It was found that the media ADR helped clients achieve a more fast and easy dispute resolution by providing compensation standards based on various categories such as types and scopes of compensation. However, the compensation scheme of environmental ADR brought out public complaints and inadequate services due to inconsistency and instability in terms of legal reservation. The results indicate that the compensation clause based on the reservation of laws in media ADR could be used not only as a checklist to confirm limitations of environmental ADR, but also as realistic evidences to adjust the compensation standard systematically that is under development and requires remodelling. As a result, the research findings have opened the new possibilities of "the quality assurance of environmental ADR based on the domestic legislation", proposed as an initial aim of this paper.

• Journal of Arbitration Studies
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• 제12권1호
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• pp.271-321
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• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• Journal of Environmental Policy
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• 제13권4호
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• pp.161-190
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• 2014

The Nagoya Protocol will enter into force on 12 October, 2014 during the period of UNCBD COP12 which will be held in Pyeongchang, Korea. In this circumstance, it is essential to analyze other countries' legislations and find various related issues. Based on that analysis, Korea can set its course for related policies and also improve its own legislations. EU and China were selected as comparison countries since EU is one of the leading countries trying to establish an international environmental law system and China is regarded as a model country representing LMMC (Like-Minded Mega-diverse Countries) in the world. Based on this study, it is highly recommended for Korea to assert the need for dispute resolution between private and government parties and also trilateral co-management of trans-boundary genetic resources and related traditional knowledge among Korea, China and Japan. In addition, Korea also needs to improve its legislation towards integrating the management and control of genetic resources.

• Journal of Korean Society of Environmental Engineers
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• 제29권4호
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• pp.397-403
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• 2007

This paper presents the results of a case study of a dispute for the damage of the right to sunshine between B and W Apartment Complex in the N city. Recently a number of disputes for the right to sunshine increase in urban areas because the residents' demand for pleasant residential environment is getting stronger. In particular, problems related to sunshine, which were not recognized during the construction, have come up to the surface over time as people's concern over residential environment is growing. According to a recent interpretation of the right to sunshine in urban areas, moreover, there have been a series of legal decisions starting that damage of the right to sunshine to neighboring apartments must be indemnified for even if the violating apartment was designed and constructed legitimately according to relevant construction laws applied when the building was constructed. Thus this study examined the effects and the scope of damage on the right to sunshine through a case study in order to provide basic materials necessary to rope with related civil affairs.

• Journal of Environmental Impact Assessment
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• 제20권2호
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• pp.97-105
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• 2011

도시의 일상생활에서는 시가지의 바람이 나무, 집 등 낮은 건축물 군에 의해 방해되어 보통은 전원의 바람보다 풍속이 저감되는 경우가 많다. 이러한 기존의 바람 흐름이 있는 곳에 건축물이 세워지게 되면 기존의 풍환경은 크게 변화되어 풍속이 약한 곳과 강한 곳이 조성되어 이와 같은 바람이 지표부근의 구조물에 의해 받는 영향은 도시지역에서 강하게 나타나게 된다. 이는 교외나 시골지역은 상대적으로 도시지역에 비해 영향을 적게 받게 된다. 임의의 지역, 특히 도시지역의 경우 기존의 건물이 증축되거나 혹은 새로운 건물이 신축되면 이로 인하여 기존의 바람흐름이 달라지며 이는 인접건물들의 확보하고 있던 자연 환기력의 변화를 야기 시키는 원인이 되기도 한다. 이러한 현상은 건축물에 의해 자연 환기력이 바뀌게 되는 일종의 기존 환경으로 부터의 변화를 의미한다. 본 연구에서는 수치해석을 이용하여 이와 같이 건물의 주변 환경변화, 즉 신축, 증축 등과 같은 변화를 고려하여 그 영향을 예측/분석하였다. 그 결과로 건물의 자연환기력을 전면에서 바람에 의한 압력증가와 후면에서 바람의 흡입에 의한 압력감소로 인해 전면의 풍속에 의해 발생하는 동압보다 큰 압력차가 발생하고, 그로 인해 환기량이 발생하는 것을 알수 있다. 주변 변화에 의해서는 동일한 규모의 건물이 추가되는 경우에 기존의 경우에 비해 35~45%의 자연환기격이 감소되는 것으로 나타났다.

• Economic and Environmental Geology
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• 제32권6호
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• pp.661-667
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• 1999

Estimation of inflow rates into subsection of a tunnel is establishing the proposed grouting part, measuring the degree of grouting, and settling the dispute over deplrtion of groundwater which may be resulted from tunneling. A current meter was used to calculate inflow rates of groundwater to each subsection of the tunnel. The study area is composed of section 1 and 2 of Imha-Youngchun waterway trnnel which has 32.976km length, with each section having 3,745m and 4,079m, respectively. The depth from groung surface to tunnel ranges from 122.45m to 358.3m. Total inflow rates of groundwater into each section measured three times by the current meter, together with bottle and eye measurement, were compared with groundwater inflow rates of each section measured by datalogger. The calcuated inflow rates of the sections by bottle and eye measurement were 8.8%∼54.7% of inflow rate (averaging 27,4%), whwewas those by the current meter were 76.9%∼110.6%(averaging 92.9%). Therfore, the current meter is regarded as useful method to calculate groundwater inflow rates into subsections of a tunnel.

• International conference on construction engineering and project management
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• The 1th International Conference on Construction Engineering and Project Management
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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.

• Journal of Environmental Policy
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• 제9권4호
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• pp.125-154
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• 2010

Among the various contemporary issues that confront the nation or society, surely one of the most difficult to resolve are environmental disputes between government authorities, developers, local residents and advocacy groups. While such disputes can in some cases be the result of a selfish and illegal NIMBY("Not In My Back Yard") syndrome, they can also be an expression of rational and appropriate demands from local residents to preserve the ecology and quality of life for their communities, particularly with respect to the planning of "locally unwanted land uses(LULUs). Accordingly, rethinking NIMBYism entails several implications for planning of LULUs. Until the 20th century many planners considered only "functional rationality" in their decision making, in a confrontational "us versus them"process of "decide-announce-defend(DAD)". I believe, however, that a fair, voluntary, and negotiated process of alternative dispute resolution(ADR) based on consensus building is the means to resolving these disputes. A voluntary process is more desirable and feasible than a coercive one, making ADR well worth pursuing. From this perspective, I explore several factors which affect the resolution of environmental disputes. I suggest three main factors as follows: i) extension of citizen participation, ii) enhancement of equity, and iii) building of trust. Alternatives are presented based on these factors.

• Journal of Environmental Impact Assessment
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• 제21권3호
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• pp.381-389
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• 2012

This study was conducted to analyze the weight factors for siting the electric facilities using Analytic Heirarchy Process technique participating the stakeholders. Siting the electric facilities has been a dispute of long standing because of landscape damage, geological deformation and various environmental problems such as electromagnetic effect to human health. For analyzing the weight factors by AHP technique, the questionnaire process was applied to the fifteen committee members including representatives of resident, academic experts, members of local assembly, officers of local government, journalists, etc. in Gangwondo, Korea. Weight factors for siting the electric facilities by AHP committee members resulted in residential areas 35.06%, cultural assets 16.68%, landscape conservation 13.11%, large-scale ecological corridor 10.17%, connectability of electric transmission line 8.32% respectively. The distance from residential areas was the most important factor preferred by committee members for siting the electric facilities.