• 유통과학연구
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• 제13권12호
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• pp.13-21
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• 2015

Purpose - The purpose of this research paper is twofold. First, this paper attempts to grasp the damage caused to small and medium-size retail traders from online wholesalers in the field. Second, this paper engages in a psychological characterization of the enterprise spirit and the management of small and medium-size entrepreneurs in the retail trade business that are harmed by online wholesalers. Research design, data, and methodology - Data on three large Korean wholesalers engaged in ongoing litigation during the first half of 2014, including E-Mart Traders E-Club, and regarding applications for business adjustments from three large wholesalers were used. Results - The results show that small and medium-size distribution merchants seek political support for facility modernization, policy-specific funds, development of the distribution of PB products, advanced distribution techniques, joint logistics systems, establishment of distribution and logistics centers, sharing of parking facilities, and joint ordering systems. Conclusions - This study examined the damage to, and the government's support of policy demands from, small retail traders.

• The Journal of Asian Finance, Economics and Business
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• 제7권11호
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• pp.1097-1104
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• 2020

This research seeks to provide evidence about how political connections, proxied by government ownership and the existence of politically connected board members, affect the extent of corporate social responsibility (CSR) disclosures in Indonesian listed companies. This research uses the legitimacy theory as a basis for explaining management's motivation for disclosing its CSR. The sample consists of 131 firm-year observations from 38 non-financial public companies that published sustainability reports from 2013 to 2017. We measured the CSR disclosures using a disclosure checklist on the sustainability reports. We subsequently processed the data using a random effect (RE) linear regression. The result shows that CSR disclosures were greater in government-owned companies but lower in companies that have politically connected board members. The results support the legitimacy theory that the government intends to demonstrate legitimate national economic and political conditions by showing that government-owned companies are sustainable. However, CSR disclosures seem to have a substitutive relationship with the existence of politically connected board members, since those political connections may protect the company from public pressure and/or the risk of litigation, reducing the need for CSR disclosures. This research provides evidence that different types of political connections may have different impacts on corporate disclosures.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.61-101
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• 2004

Information and communications technologies are affecting an economic and social transformation of all countries. Without exception international commercial dispute resolution systems are faced with change its mechanism to online technology. Dispute parties can seek redress through arbitration other than litigation or mediation. Traditional dispute resolutions do not match the cyber trade environment which is basically pursuit the speed and efficiency in cyberspace. Arbitration other than resolution methods have been considered to be match with the online environment which is including party autonomy, speed and internationally accepted and binding awards. Traditional arbitration, however is lack of time and different physical location relating all parties. So we now think cyberspace as for the resolving place which is online arbitration. Even the parties exist in different space and time they may meet in the same time and space without moving or trips. Nowadays there are many online arbitration service provider serving the resolution of dispute arising with online transaction. In this paper we study the tendency for online arbitration, the recognize uncertain matters and avoiding programs its matters when use the online arbitration between disputing parties under cyber trade environment.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.93-114
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• 2003

The Federal Arbitration Act and the States Arbitration acts of the United States approve that the an arbitration clause should be construed broadly and the Courts interpreted it broadly without being curbed by the written meaning of clause itself. The Courts also divided the interpretation of arbitration clause from the interpretation of other clauses of contract to approve the validity of arbitration clause and further expanded the scope of arbitration. However, the Arbitration Act of Korea does not specify a general principle about how an arbitration clause should be interpreted. The Supreme Court did not have a case yet but the lower courts kept their posture that an arbitration clause should be clear by resulting narrow interpretation and should be written to the extent that it excludes the power of courts from jurisdiction. As a result, there would be cases that arbitration is not permitted although an arbitration clause exists. The parties intending arbitration are frustrated about how to draft an arbitration clause into their agreement. There were the cases that the parties which took the prevailing position attempted to delay dispute resolutions by dragging disputes into litigation even if they agreed to resolve through arbitration, on the basis that an arbitration clause was incomplete. Although the arbitration statutes of the United States cannot apply in Korea, the way of their approaches to the interpretation of arbitration clause can be taken into consideration in view of the globalization of arbitration.

• 한국중재학회지:중재연구
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• 제23권2호
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• pp.165-190
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• 2013

As intellectual property rights are perceived as the key element of creating added values and securing competitiveness, the result of intellectual property rights disputes play an important role in the success of companies. As seen from above strong points of an Alternative Dispute Resolution (ADR) system in Chapter III, intellectual property rights disputes increasingly tend to be resolved by ADR rather than litigation. Discussions about and operation of ADR are already being actively carried out in many countries, and major ADR institutions have been acquiring experience in a variety of intellectual property rights disputes. To enhance the use and recognition of ADR as the way of resolving the Intellectual Property Rights disputes in Korea, this study suggested the following three ways. First, domestic ADR institutions, the Korean Commercial Arbitration Board (KCAB) will need to establish cooperative systems with prominent overseas institutions to lead the disputing parties to fair resolutions as well as to instill trust in international arbitration institutions. Second, they will need to contribute to the promotion of arbitration systems throughout society by developing and applying a variety of arbitration systems as well as securing a pool of professionals. Finally, the arbitration rules will need to be continuously improved to deal with disputes promptly and reinforce privacy protection.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.45-66
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• 2018

Two years ago, an emergency arbitrator procedure in accordance with the international arbitration rule has been finally adopted in Korea?a decade after its introduction. Arbitral institutions provide interim measures in the course of tribunal proceedings to avoid litigation in open court that is often expensive and time-consuming. An emergency arbitrator procedure offers an urgent relief prior to the constitution of an arbitral tribunal, thus enhancing the speed and effectiveness of the arbitration procedure even further. Although most of the arbitral institutions interpret that the emergency arbitration rulings are binding on the parties, enforcing the emergency arbitration provisions have some difficulties in practice, and it is not clear whether or not arbitral interim measures will be enforceable under the newly adopted provisions in Korea. In this study, experiences in other countries are explored in seeking for the possible problems and solutions of enforcing the emergency arbitration rulings. For example, Singapore and Hong Kong insert terms such as "finality," "enforceable in the same manner as an order or direction of the Court," "same effect as an arbitral tribunal or interim measures" in their emergency arbitrator legislation to enhance enforcement. Moreover, "urgency inherent" are considered.

• Industrial Engineering and Management Systems
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• 제8권1호
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• pp.37-46
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• 2009

Patient safety has become a growing concern in health care. The U.S. Institute of Medicine (IOM) report "To Err Is Human: Building a Safer Health System" in 1999 included estimations that medical error is the eighth leading cause of death in the United States and results in up to 100,000 deaths annually. However, many adverse events and errors occur in surgical practice. Within all kinds of surgical adverse events, wrong-side/wrong-site, wrong-procedure, and wrong-patient adverse events are the most devastating, unacceptable, and often result in litigation. Much literature claims that systems must be put in place to render it essentially impossible or at least extremely difficult for human error to cause harm to patients. Hence, this research aims to develop a prototype system based on active RFID that detects and prevents errors in the OR. To fully comprehend the operating room (OR) process, multiple rounds of on site discussions were conducted. IDEF0 models were subsequently constructed for identifying the opportunity of improvement and performing before-after analysis. Based on the analysis, the architecture of the proposed RFID-based OR system was developed. An on-site survey conducted subsequently for better understanding the hardware requirement will then be illustrated. Finally, an RFID-enhanced system based on both the proposed architecture and test results was developed for gaining better control and improving the safety level of the surgical operations.

• 한국중재학회지:중재연구
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• 제22권1호
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• pp.23-41
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• 2012

Arbitration provides quicker resolution and may also limit the erosion of business relationships that is often the result of prolonged litigation. The process of arbitration typically involves four phases: 1) selection of arbitrator(s) and opening statement of positions by the parties; 2) rebuttal of opposing positions; 3) interviews, hearings, and information gathering; and 4) rendering of a decision and issuance of the arbitrator's award. A distinctive feature of arbitration is the party's ability to select the arbitrator and the process and rules that will be followed at the hearing. Once that process has been completed, the parties are in the hands of the arbitrator or tribunal. The arbitrator's duty goes on the arbitration procedure efficiently and renders arbitration award. This article discussed various ways the arbitrator leads to a shorter, less risky arbitration, which benefits the parties. We recommend the arbitrator the following comments; Before the hearing the arbitrator decides to whether an arbitration agreement is valid, and a scope of authorities of him in advance. In the hearing, the arbitrator gives both parties a sufficient opportunity to produce evidence, witnesses, and make their arguments. Lastly, the arbitrator need to be cautious in guiding the parties toward an amicable settlement.

• 한국중재학회지:중재연구
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• 제25권2호
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• pp.19-47
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• 2015

International arbitration is an increasingly popular means of alternative dispute resolution for cross-border commercial transactions. The primary advantage of international arbitration over court litigation is enforceability. An international arbitration award is enforceable in most countries in the world. Especially, statistics indicate of ASEAN such as Malaysia and Singapore that the vast majority of defeated companies comply with the terms of international arbitral awards against them or settle soon after the award is rendered. Unlike Malaysia and Singapore, in Indonesia, there are several grounds for refusal of enforcement of an award including where both the nature of the dispute and the agreement to arbitrate do not meet the requirements set out in the Arbitration Law. Because Indonesia does not acknowledge decisions of foreign courts, theoretically they could enforce an international arbitral award which was set aside by the court in the seat of arbitration. This paper introduces the legal system and cases of recognition and enforcement of foreign arbitration awards in ASEAN, especially Malaysia, Singapore, and Indonesia. Secondly, by comparing their law and cases, the paper emphasized the international suitability and global fitness in involved in recognition and enforcement of foreign arbitration awards.