• 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.

• 대한산업공학회지
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• 제41권6호
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• pp.559-571
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• 2015

To strengthen competences, most of firms have co-operated with external partners. This increases the possibility of unexpected conflicts between firms due to the intellectual property litigation. A suitable intellectual property strategy for firms has to be developed to settle this issue. This study aims to analyze an utilization of intellectual property strategy in firms, and tries to suggest a concept of IP roadmap to support intellectual property strategy planning aligned with technology planning process. For the purposes, we derive five types of intellectual property strategy of firms using Korea Innovation Survey. Then, we explore significant affecting factors using a decision-tree and conduct in-depth analysis for them. Lastly, we suggest a concept of IP roadmap, which can be a supporting tool for developing intellectual property strategy in firms, based on analysis results.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2012년도 춘계 학술논문 발표대회
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• pp.129-130
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• 2012

Although the order of Design-Build is being expanded by increasing construction scale and demanding hybrid function, the suitable regulation of the contracts is not settled. Design-Build is way by government because there are big construction of much government leading in contract relation high position occupy. So, case that prebendary's claim institution develops by litigation is very rare. But, recently Design-Build is magnified. So, these dispute factors is becoming visualization gradually. The contract system is needed to be consistent by international standard to deal with the problem. This study suggests the useful solutions in detail concerned with the main factor of change order claim by each Design-Build phases through practical sorting and analysis of the causes of Change Order-Claim.

• 한국공작기계학회논문집
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• 제17권3호
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• pp.128-132
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• 2008

The noise levels and individual employee noise exposure levels within a factory will determine the need for hearing conservation program. The difficulty in not having an effective hearing conservation program is the risk of hearing loss that employees may sustain. In the last few years the claims for hearing loss compensation have grown due to class action litigation brought against the employer and companies that have equipment in the factory alleged to have caused hearing loss. The Blower in the factory generates the noise of 98.3dB(A) in the frequency range of 2,000Hz, which may cause occupational hearing loss. By designing close type enclosures which are made of absorption material, about 24.4dB(A) reduction has been in the factory. It is demonstrated that this kind of enclosures can be effectively used to reduce the noise in the factory.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.157-184
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• 2004

Dispute plays a key role in maintaining the desirable trading performance. There are many problems such as problems of enforcement of arbitral award and the uncertainty of legal system in PRC. Therefore, the Korean trading companies with Chinese companies should be more concerned with mediation. It's because mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies. This article investigates some differences of mediation between ROK and PRC, and suggests the following ways to resolve dispute. First, the Korean companies should utilize the mediation in small claim but arbitration in big claim. Second, Write a contract and insert mediation clause in BCC or the standard arbitration clause in KCAB. Third, the companies should be more concerned with prevention of dispute than dispute resolution. In conclusion, to expand mediation system into an effective dispute resolution system, The Korean Dispute Resolution Center should be established.

• 한국컴퓨터정보학회논문지
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• 제21권12호
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• pp.1-10
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• 2016

In this paper, we attempt to prevent certain cases by tracing a history and making genogram about open source software and its modification using similarity of source code. There are many areas which use open source software actively and widely, and open source software contributes their development. However, there are many unconscious cases like ignoring license or intellectual properties infringe which can lead litigation. To prevent such situation, we analyze source code similarity using program dependence graph which resembles subgraph isomorphism problem, a typical NP-complete problem. To solve subgraph isomorphism problem, we utilized harmony search of metaheuristic algorithm and compared its result with a genetic algorithm. For the future works, we represent open source software as program dependence graph and analyze their similarity.

• 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.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2011년도 춘계 학술논문 발표대회 1부
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• pp.185-186
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• 2011

The latest domestic construction sector is receiving economic damage because of defect litigation. The Concrete Crack among them has the largest component in expense of apartment house defect. Also, contradictory suggestion of appraiser is problem. To improve these problem, need objective plan that people concerned can recognize about decision sequence. Therefore, in this study, compared general defect investigation and defect decision of appraiser taking advantage of Data Dictionary analysis method. Also, deduced current problem and amelioration plan.

• 한국중재학회지:중재연구
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• 제29권2호
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• pp.89-105
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• 2019

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

• 한국중재학회지:중재연구
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• 제29권3호
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• pp.3-22
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• 2019

An issue of human rights abuse in business emerged as a serious social problem recently not only in Korea, but also worldwide. However, the stipulations in 'UNGPs' and 'OECD Guidelines' do not provide a legally binding dispute settlement mechanism. Under these circumstances, it is very well timed that the Working Group on International Arbitration of Business and Human Rights recently published the Draft Hague Rules on Business and Human Rights Arbitration, which will be launched in December 2019 as an effective and efficient alternative to mediation or court litigation. This paper examines the purpose, the structure, and the unique features of the Draft Hague Rules, among other provisions, including 1) Inequality of Arms between the Parties, 2) Appointing Authority, 3) Presiding Arbitrator's Qualification, 4) Evidentiary Procedures, 5) Remedy, and 6) Governing Law.