• 한국중재학회지:중재연구
• /
• 제27권4호
• /
• pp.157-177
• /
• 2017

World Trade Organization(WTO) has 164 members since it has established on 1995. It plays a significant role in solving the world trade disputes. The process of the dispute settlement mechanism includes five steps: Negotiation, Establishment of experts group, Deliberation of appellate body, Execution and Supervision of Verdict and the Sanctions for Default. It suggested that the higher rate of developed countries using mechanism to solving the disputes than developing countries solving disputes by mechanism through the analysis of dispute of WTO members. Meanwhile, the more powerful economic entity is, the more trade dispute will be. There are several problems of mechanism by analysis the recently famous cases of trade disputes: Overburden of experts panel, Low utilization rate of the mechanism of developing countries, Lack of economic competition policy and labor standard terms and Unfulfillment of retaliatory measures of developing countries towards developed countries. This paper propose proper solutions and advises to improve mechanism of WTO dispute settlement.

• 한국병원경영학회지
• /
• 제14권1호
• /
• pp.123-144
• /
• 2009

Recently, a long strike by hospital labor union emerged as a serious social issue. During the Worldcup Games in June, 2002, labor strikes broke up at 'C', 'K' and other hospitals, and in 2007, 'Y' hospital suffered much from a strike. Such series of extreme labor disputes have awakened people of importance of a more stable labor-management relationship for the medical institutions responsible for people's health than any other business organization. The purpose of this study was to examine the labor-management disputes at 'Y' hospital in 2007 and 'C' and 'K' hospitals in 2002. The results of this study can be summarized as follows; First, requests of the labor union such as pay raise, reemployment of the irregular workers as regular employees and participation of the labor union in personnel affairs are the long-held or core issues suffered by the medical institutions. Such issues are not independent from each other but complicated with each other surrounding the pay raise. Accordingly, it is not easy to determine the genuine bone of issue for labor-management disputes. Second, the model type of disputes between labor and management at medical institutions may be strike. However, it is conceived that the type of disputes would be subject to change as the essential medical service area system began to be operated since 2008. Third, the common characteristic of the labor strike among the 3 sample hospitals was occupation of the hospital lobby for a sit-in strike to maximize the negative effects of strike. Article 42 (Prohibition of Violence) of Labor Union and Labor Relation Coordination Act prohibits occupation of production or other important business facilities. In addition, since Ministry of Labor interprets that the hospital lobby belongs to the important business facilities enumerated by Article 42 of the above act, occupation of the hospital lobby for a sit-in strike may be too controversial to be admitted as a fair act of labor dispute when its legitimacy should be judged. Fourth, the counter-measures taken by the hospitals against the strike were observance of the principle 'no labor no pay,' closure, legal action, accusation, claim for recovery of damage, provisional seizure, disciplinary punishment, etc., but the principle of 'no labor, no pay' was not applied in a fair manner by 'C' and 'K' hospitals. However, 'Y' hospital applied this principle thoroughly to the strike; the hospital conduced to correction of the wrong labor-management relationship by refusing inclusion in the labor collective agreement of a provision about payment of wage during the period of strike or labor union's request to that effect during a strike. In addition, 'Y' hospital took an effective measure to end the strike earlier by notifying the labor union of cancellation of the collective agreement and banning the unionists from entering the hospital.

• 한국경제지리학회지
• /
• 제17권4호
• /
• pp.832-847
• /
• 2014

본 연구의 목적은 캄보디아 외국인직접투자 동향 및 제도적 변화와 노동환경 분석을 통해 한국기업의 투자 진출을 위한 전략적 토대를 구축하는데 기여하고자 한다. 2000년대 초반 이후 중국, 2000년대 후반 이후 베트남의 노동비 급상승과 첨단 산업 부문 중심의 투자 인센티브 급증 등으로 섬유 및 의류 부문과 같은 노동집약적 투자 기업들의 입지가 보다 인건비가 저렴한 지역으로 재입지하는 현상이 나타나고 있다. 그 결과, 캄보디아는 기존 투자 지역의 저렴한 인건비와 정책 및 제도적 기반의 입지우위를 상쇄할 수 있는 새로운 투자 대안 지역으로 부상하면서 아시아 경제 지리의 변화(changes in Asian economic geographies)가 나타나고 있다. 이와 더불어 캄보디아 정부는 외국인 투자 기업에 근무하는 노동자들의 근로 여건을 개선하고 고용을 증진하기 위하여 국제노동기구(International Labor Organization: ILO)와 연계하여 두 개의 정책적 노사관계 프로젝트-ILO 민간 부문 모니터링(Better Factory Cambodia: BFC)와 ILO 노동분쟁 해결 프로젝트(Labor Dispute Resolution Project)-를 수행하고 있다. 이 프로젝트는 외국인 투자기업의 국제 노동 규범 준수 여부에 대한 모니터링을 통해 외국인 투자기업이 캄보디아에서 지속적인 공장 운영 여부를 결정할 수 있는 제도로서 역할하기 때문에 외국인 투자기업의 캄보디아 진출 전략을 구축하는데 중요한 분석 대상이 될 뿐 아니라 국제기구와 연계된 캄보디아 정부 정책과 법에 제도적으로 착근되어 있는 기업 전략을 보여준다.

• 한국중재학회지:중재연구
• /
• 제25권4호
• /
• pp.97-117
• /
• 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.

• 노동경제논집
• /
• 제26권1호
• /
• pp.53-73
• /
• 2003

본 연구는 노동부가 2000년에 실시한 노동위원회 조정서비스의 문제점 및 개선방향에 대한 설문조사 결과를 활용하여 분쟁조정의 성공을 좌우하는 요인이 무엇인지를 분석한다. 분석 결과를 보면 업종이 제조업이거나 노동조합이 민주노총에 소속되어 있는 경우 조정의 성공 가능성이 떨어지는 것으로 나타났다. 조정을 받았던 경험이 많은 사업체일수록 노사 당사자들의 자세가 조정 과정에서 합의에 우호적인 방향으로 바뀔 가능성은 낮고 조정안을 수락하지 않을 가능성은 높은 것으로 나타났다. 노사 당사자들이 조정위원이 공정하고 전문성을 갖추고 있다고 인식할수록 조정회의 시간이 길어질수록 조정이 성공할 가능성이 올라간다.

• 노동경제논집
• /
• 제28권1호
• /
• pp.83-104
• /
• 2005

노동위원회의 심판제도는 부당해고사건과 부당노동행위사건을 신속하게 해결한다는 점에서 분쟁해결의 중요한 장점을 가지고 있지만 여러 가지 비판을 받고 있다. 본 논문은 노동위원회 심판기능의 효율성을 실증적으로 분석하고 노사분쟁을 보다 효과적으로 해결할 수 있는 방안을 제시한다. 분석결과는 노동심판제도에 대한 불만이 분쟁해결의 결과보다는 분쟁해결의 과정에 기인하고 있다는 점을 보여준다. 또한 노동심판제도의 문제점도 노사 당사자의 의식이나 태도보다는 노동위원회의 위원이나 심사관의 자세나 자질 등에 기인하는 바가 크다는 점을 보여준다. 이것은 사건에 대한 노동위원회의 조사활동이 보다 충실하게 이루어져야 하고, 노사 당사자가 자신의 주장을 충분히 뒷받침할 수 있도록 심문회의의 진행방식과 위원들의 심문태도가 개선되어야 하며, 판정을 하는 경우 그 내용이 실효성을 가질 수 있도록 적절해야 하며, 판정이 존중받을 수 있도록 법적 판단에 대한 권위도 확보해야 한다는 점을 시사한다.

• 한국건축시공학회:학술대회논문집
• /
• 한국건축시공학회 2005년도 춘계 학술기술논문발표대회 논문집
• /
• pp.141-147
• /
• 2005

Usually, processing whole project or a part of frame work delays due to acceleration, changing orders, management, characters of project. overtime, worker crowding, early occupation in the field of construction. Through a whole project, these factors cause decreasing construction labor-productivity which is the most dependent in business of construction. These kind of decreasing of construction labor-productivity cause many negative effects, just as extension of time, increasing cost in project of construction. Regardless of characters of construction or decreasing labor-productivity, extension of time is a incident which needs acceleration, also it cause a high possibility of claim and dispute. The productivity has just a broad meaning in business of construction. That's why it's difficult to apply in the field of construction. Especially, factors increasing or decreasing labor-productivity is defined by analysis of working as qualitative and outlined evaluation. However, study of the each factor decreasing construction labor-productivity analysis has not researched, because of difficulty of systematic measurement and management. The existed studies about management of productivity are just focused on estimation of productivity, not on evaluation of productivity. It was true that I couldn't examine clearly about the analysis of how much important per each the factor which have influence on labor-productivity because of the characteristic as qualitative that the labor productivity have On this study, i tried to get the factors decreasing of labor- productivity with gathering opinions of panels of expert's studies about the factors decreasing of labor-productivity on project of construction through Delphi method and i evaluated the result factors as quantitatively and subjectively about importance of factors decreasing construction labor-productivity Analysis, using AHP Method by Saaty. Also, using Delphi and AHP method, 1 suggest substantiated method qualitative factors are measured by quantitative criteria.

• 가정과삶의질연구
• /
• 제24권2호
• /
• pp.1-13
• /
• 2006

The Purpose or this research is to examine the trend or sender gap within a globalization context from 1993 to 2003 on the perspective of feminists who contend that globalization has negative effects on women on account of its masculine nature against neo-liberal viewpoint emphasizing economic efficiency and rationality. As the result of review of statistical and qualitative resources in workforce, it was found that the gender gap has trended toward increasing in some sectors such as flexible labor and high wage jobs, which shows that gender segregation by irrational culture exists in workforce. The evidence to support the neo-liberal viewpoint supposing that the gender discrimination will disappear was also found in sector of wage. The gender gap in wage has decreased during the period of globalization. The dispute of feminists was partly supported, so it was suggested that the policies for gender empowerment should be enforced to diminish gender gap that would be able to increase in the process of globalization.

• 한국중재학회지:중재연구
• /
• 제27권2호
• /
• pp.59-81
• /
• 2017

The purpose of this study is to find a solution to disputes in the process of producing digital music sources. At present, the center of the world music market including the domestic market has been completely transformed from the tangible musical record market to the intangible sound source market. Due to these environmental changes, the music production process becomes industrialized and specialized, causing conflicts of interest among the individuals in the process. First of all, this study examined changes in the music market which is the background of the dispute, identified the problems of the process and suggested solutions while summarizing the meaning and role of each process of producing a sound source that may arise during the sound production process. This study covers plagiarism between producers, copyright infringement of the creator against assistant creator caused by the industrialization and division of the production environment, issues related to the rights of sound engineers whose role and importance become bigger as acoustic technology develops and music genres become more diverse, and vertical hierarchy due to the formation of oligopoly by several distributors with huge capital. As a result of the study, it was concluded that Alternative Dispute Resolution (ADR) system is suitable for solving these problems. Specific methods of using ADR include activation of the dispute settlement system of the Korea Copyright Commission, active use of the arbitration clause specified in the standard contract, and recalculation of labor costs and earnings from copyright through mutual negotiations. This paper can be differentiated from previous studies in that it studied overall problems that might arise in the process of digital music source production and suggested ADR utilization as the solution.

• 한국중재학회지:중재연구
• /
• 제24권1호
• /
• pp.85-109
• /
• 2014

Mediation and Arbitration are two distinct ADR processes. Their dissimilarity lies in the principle that in mediation the parties themselves decide what the resolution to the problem is, whereas in arbitration the arbitrator makes that determination. Med-Arb, hybrid of the two methods, is a fairly new ADR process dating back to the 1970s. Med-Arb capitalizes on the advantages of both mediation and arbitration, while eliminating many of their disadvantages. Mediation has the advantage of allowing for resolutions rather than decisions. Arbitration has the advantage of guaranteeing that the matter will be resolved when the procedure is over. In Med-Arb, the participants agree to be parties to mediation, and if the mediation comes to an impasse, a final settlement will be reached through arbitration. This study first explicates the origin and the development of Med-Arb in the United States. This study shows that the emergence of Med-Arb is benefited from the fact that arbitration has lost its own advantages ie, speed, cost-saving, and maintenance of an ongoing relationship between the disputants. Second, this study analyzes four cases in which Med-Arb is applied to various kinds of disputes as a tool of dispute resolution: labor disputes, entertainment disputes, will disputes, and international commercial disputes, consecutively. All those case studies show the generality of Med-Arb as a dispute resolution channel. Third, this study compares the advantages and disadvantages of Med-Arb. Finally, this study discusses the implications of Med-Arb. In particular it provides the universality of this hybrid form of dispute resolution in the East and West. For example, we show that China has its own distinctive Med-Arb system, where it has developed from ancient Confucian philosophy. Japan also emphasizes the role of an arbitrator who settles the disputes in the course of arbitration. The domestic arbitration rules of the Korean Commercial Arbitration Board (KCAB) have a similar process in that arbitration contains an element of conciliation. With regard to the universal characteristics of Med-Arb, it is necessary to analyze the pros and cons of Med-Arb at a deeper level in the future. One caveat is that it is necessary to handle the issues of the neutrality of the mediator-arbitrator.