• Title/Summary/Keyword: Lease Dispute

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A Study on the Mediation and Arbitration of Lease Dispute (임대차 분쟁의 조정과 중재에 관한 연구)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.119-136
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    • 2015
  • The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

A study on the Types of Utilization and Administration of Common Forests in Korea (마을공동소유림(共同所有林)의 이용(利用) 및 관리실태(管理實態) 조사연구(調査硏究))

  • Lee, Mahn Woo
    • Journal of Korean Society of Forest Science
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    • v.61 no.1
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    • pp.60-68
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    • 1983
  • Ever since the day of pre-modernized society where the farming skill had been in the stagnant condition, the common farmwoodlands have been utilized in common (collectivelly) by villagers in order to harvest farmwoodlands and fuelwoods. Later, during the process of modernization, most of the common farmwoodlands were transferred into national or public forests by the administrative enforcement, but there were still various types of village (common) forests such as the common forests owned by joint owners, village block associations, village forest productive societies, Village Forestry Association(V.F.A.), and the national or public forests leased to V.F.A. As Village Forestry Association is organized with a few villages, each of common forests ow nod to the villages is obliged to be diversely controlled by other managers than the chief of V.F.A. Therefore, it is to be desired that the control of common forests should be under Gun Forestry Association Union. While the rate of the use of common forests for fuelwoods and cemetery has been considerably high, villagers wish to promote the timber forest establishment through the collective management by their improved farming skills and economical situations. In these present circumstances the village forest productive societies should be guided to work in closer cooperation with Gun Forestry Association Union. Since the management of common forests is still extensive, it still remains in the semi-management condition under which we can not find any management plan or measure to control forest damage. Especially the small area common forests should have appropriate size for the joint management. This will promote the forest productivity through the lease for reforestation of disposable national forests or public county forests and the contracts for profit sharing. Today owing to increasing forest value, frequent dispute has occurred on the common right telated to the village forests and rationalization of forest management has been disregarded. If a necessary measure were taken to control the dispute such as transferring the registeration right of ownership to the village forest productive society, the confidence of local inhabitants can be regained and the productivity of forests can be naturally increased.

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