• 한국인터넷방송통신학회논문지
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• 제24권3호
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• pp.123-131
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• 2024

3년이 넘게 진행되었던 SK와 넷플릭스 간 분쟁은 소송을 취하하고 양사가 협력 관계를 맺는 방향으로 일단락되었다. 하지만 디지털 대전환, 생성형AI 활성화 등으로 인해 인터넷 트래픽 이용량은 향후 더욱 늘어날 가능성이 있어 망이용대가를 둘러싼 국내 이동통신사와 글로벌 CP 사업자간 갈등은 언제든지 다시 발생할 수 있다. 본 연구에서는 SK와 넷플릭스 사이에 발생했던 망이용대가와 관련된 분쟁의 쟁점을 살펴보고 각 쟁점에 따른 함의를 도출했다. 망이용대가의 유상성 및 범위는 전적으로 사업자 간 협상에 의해 결정되어야 하는 사안이다. 다만, 사업자 간 분쟁이 발생하게 되면 속도 지연 등 이용자의 피해가 발생할 수 있으므로 이에 대한 정책적 대안에 대한 검토가 필요하다. 국내 미디어 산업은 글로벌 CP와 협력적으로 성장해 온 측면이 있어 향후 망이용대가와 관련해 국내 이동통신사업자와 글로벌 CP 사업자 간 호혜적인 관계 형성이 중요하다고 판단된다. 하지만 사업자간 상생을 위해서라도 향후 발생할 수 있는 갈등을 중재할 수 있는 대안에 대한 학술적 검토는 이뤄질 필요가 있다.

• 융합정보논문지
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• 제11권1호
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• pp.102-108
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• 2021

본 연구는 기술의 융복합화가 가속화되고 있는 시점에서 최근 급성장하고 있으며, 세계시장에서 우리기업과 경쟁관계에 있는 중국 기업들의 특허분쟁 발생시 대응방안에 대해 파악하고자 하였다. 이를 위해 선행연구에서 제시된 특허분쟁 대응 방안을 전문가 심층 인터뷰를 통해 도출하고, 중국 기업의 특허담당 실무자에게 설문조사를 실시하였다. 분석결과, 중국 산업에서 특허 분쟁 발생시에 취하는 대응 방안으로는 cross licensing, 특허무효화 소송, 타회사와의 연대를 통한 소송, 로열티 지급, 특허 무효 소송 순으로 그 중요도가 나타났다. 본 연구의 결과는 특허 분쟁 발생시 기업의 특허담당 실무자들에게 가장 알맞은 대응 방안을 파악하여 적시에 대응을 하여 시간과 비용을 줄일 수 있도록 실무적인 가이드라인을 제공할 수 있을 것으로 보인다.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• 한국중재학회지:중재연구
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• 제30권4호
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• pp.95-119
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• 2020

Securing a stable supply chain is becoming a significant concern among countries as the global uncertainty rises with the expansion of global protectionism and the result of what the COVID-19 pandemic has brought around the world. This study has investigated dispute cases between customs authority and trade corporations based on the KOREA-ASEAN FTA and suggested the following implications and improvements: Firstly, the extent (varieties) of the proof document on cumulation and its form should be stipulated and provided through consultation between customs from each contracting party. Secondly, it ought to be prescribed as an obligation so that producers located in the third country can cooperate in providing documents for certification of origin. The duty to provide such documentary evidence should also be specified when making EX-IM contracts. Lastly, origin verification provisions regarding cases to which cumulation is applied have to be complemented so that the verification period's extension can be applied and approved. One can expect that the abovementioned responses on cumulation will enhance the availability of KOREA-ASEAN FTA.

• Strategy21
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• 통권36호
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• pp.33-58
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• 2015

In 1996, China, Japan and the ROK all became the party to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Since then, the UNCLOS has been a fundamental basis for the resolution and management of maritime disputes amongst them. However, there still remain acrimonious disputes in the region. Resources nationalism and the revival of geopolitics aggravates the disputes particularly on sovereignty over disputed islands, maritime delimitation and the legal nature of military activities in other States' Exclusive Economic Zones. Under the circumstances, why have the demands for the conclusion of a regional agreement been raised in this region? A desirable regional agreement regarding ocean affairs should be compatible with the rights and obligations under the UNCLOS, a universal norm regarding ocean affairs. This paper will propose a desirable regional agreement by adopting an incremental approach.

• 전자통신동향분석
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• 제36권4호
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• pp.110-117
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• 2021

The development of core technologies in the 4th Industrial Revolution, such as artificial intelligence, big data, and the intelligent Internet of Things, promote digital transformation and intelligence of the manufacturing industry. To realize them, there is an increasing demand for materials, components, and equipment needed for final goods. In particular, the expansion of global value chain instability due to changes in the external environment, such as the U.S.-China trade dispute, Japan's export regulations, and Covid-19 pandemic, increases the importance of strengthening the materials, components, and equipment industry in the global market. Thus, this study presents a strategic direction for securing global industrial competitiveness of materials, components, and equipment using Michael Porter's diamond model approach.

• 한국산업경영시스템학회:학술대회논문집
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• 한국산업경영시스템학회 2002년도 춘계학술대회
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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.

• 산업공학
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• 제15권3호
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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.

• Industrial Engineering and Management Systems
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• 제15권3호
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• pp.239-250
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• 2016

This study is to prepare curriculum in South Korea to train outstanding individual in the fields of Health Care Management for the global age, hospitals' administration managers, professors and students were targeted to carry out the survey and the collected questionnaires were processed with SPSS Ver. 21.0 statistic package, based on this the suitability of the current Health Care Management curriculum and postgraduate curriculum was inspected and improvement plan was deducted, and also through comparative analysis of the Health Care Management curriculum for undergraduate and postgraduate in the United Kingdom and United States, optimum improvement suggestions were made. Based on the research result, the priority to improve and consolidate from undergraduate curriculum was the strengthening of the working-level education, the most needed ability in the future is global negotiation and dispute/conflict adjustment which needs supplementation. Also, after analyzing the undergraduate curriculum of the United States and United Kingdom, it is needed that the development of the capacity to lead organizations for healthcare and subjects for the establishment of health policy should be reflected.

• Strategy21
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• 통권42호
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• pp.154-195
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• 2017

This paper is to analyse conflict between the US and China over the South China Sea and Korea's responses. To this end the paper is composed of 6 chapters titled instruction; the current status of South China Sea sovereignty disputes; changes in US and Chinese maritime security strategies and the strategic values of the South China Sea; key issues and future prospects for US-China conflicts in the South China Sea; South Korea's security and diplomatic responses; and conclusion. The recent East Asian maritime security issue has evolved into a global issue of supremacy between the US and China, beyond conflicts over territorial disputes and demarcation among the countries in the region. China is pursuing offensive ocean policy to expand economic growth. The core of the maritime order that the United States intends to pursue is the freedom of navigation in the oceans and the maintenance of maritime access. China is making artificial islands in the South China Sea, claiming the sovereignty of these islands, building strategic bases in East Asia, and securing routes. The United States has developed several "Freedom of Navigation Operations" to neutralize the declaration of the territorial sea surrounding Chinese artificial islands. We can not be free from marine conflicts in the South China Sea and the East China Sea. Regarding the South China Sea dispute, it is expected that the strategic competition and conflict between the two countries will intensify due to China's failure to make concessions of core interests and adherence to the US compliance with international norms. In the midst of conflict over the South China Sea, we need a harmonious balance between our alliance security and economic diplomacy. We must continue our efforts to strengthen the ROK-US alliance but not to make China an enemy. Considering the significant impacts of the oceans on the survival and prosperity of the nation, we must continue to develop our interest in the oceans, appropriate investments and tactical strategies.