• 한국연초학회지
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• 제32권1호
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• pp.55-61
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• 2010

• 월간경쟁저널
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• 90호
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• pp.80-85
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• 2003

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.91-116
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• 2008

E-Commerce constitutes an important part of all commercial activities. Online Alternative Dispute Resolution(Online ADR) or Online Dispute Resolution(ODR) is a new method of dispute, resolution which, is provided online. Most Online ADR services are alternatives to litigation. In this respect, they are the online transposition of the methods developed in the ADR movement such as negotiation, mediation and arbitration. But there are also online courts which are really normal courts in which the contesting parties communicate essentially online. This paper deals with the current operation of Online ADR and the ways to, activate it. They include (1) die establishment of legal stability regarding Online ADR, (2) the enhancement of system security in providing Online ADR services, (3) the introduction of Online ADR service platform for providing the various services through single window on a national, or global basis, and (4) the introduction of Online ADR online monitoring system for systematic dispute resolution services.

• 무역상무연구
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• 제20권
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• pp.343-365
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• 2003

Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.

• 환경영향평가
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• 제10권3호
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• pp.195-209
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• 2001

The objective of this study is intended to propose plans for reforming environmental impact assessment(EIA) systems by reviewing the current legal systems of EIA related laws and their implementation status in Korea, and by comparing the Korean situation to EIA systems in several foreign countries. This study tried to integrate all EIA related systems scattered over several laws into one comprehensive EIA law, and also to develop legal procedures necessary to accomplish the legislative purpose of the integrated EIA law. Therefore, I propose four reforms (1) All EIA systems should be integrated into one comprehensive EIA act. (2) Administrative plans and policies, though environmentally harmful, which are not currently subject to any prior consultation system, should be covered by the prior consultation system. (3) A screening or scoping should be adopted. (4) Widen civil participation should be encouraged and the administrative control enforcement and introduction of group litigation or citizen suits would be considered.

• 한국기술혁신학회:학술대회논문집
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• 한국기술혁신학회 2014년도 추계 학술대회 논문집
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• pp.669-685
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• 2014

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.97-116
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• 2007

This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

• 기술혁신학회지
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• 제18권1호
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• pp.49-72
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• 2015

2011년에 촉발되어 전 세계 20여 건에 이르는 Apple과 Samsung의 특허분쟁은 경쟁적 기술전략의 첨예한 양상을 보여준 대표적 사례이다. 두 기업 간 특허소송은 스마트폰 시장에서의 치열한 경쟁구조를 잘 보여준다. 반면, 두 기업은 ICT 및 하이테크 시장 선두기업으로서의 서로 긴밀한 협력적 관계에 있다. 그러나 기존 연구들은 경쟁 또는 협력의 한 부분만을 고려한 나머지 실제 기술경영의 현상을 제대로 진단하지 못했을 뿐 아니라 어떠한 패턴을 보이면서 진화하는지 규명하지 못하였다. 이에 본 연구는 경쟁-협력 동시적 공존의 코피티션(Coopetition) 산업생태계를, Apple과 Samsung의 스마트폰 분쟁사례를 중심으로 분석하고 그 함의와 방향성을 도출하고자 한다. 경쟁관점에서는 두 기업 간 소송자료 및 일지를 활용하여 분쟁의 흐름을, 협력관점에서는 소송에서 쟁점이 된 특허들의 인용정보를 활용하여 핵심기술을 구성하는 지식의 경향과 이전방향을 네트워크 분석방법론을 통해 분석한다.

• 디지털콘텐츠학회 논문지
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• 제12권1호
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• pp.95-105
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• 2011

각종 업무처리시스템이 웹기반으로 구현되는 것이 보편화됨에 따라 전자소송분야에서도 이에 대한 적용이 활발하다. 소송기록을 중심으로 하는 전자소송에서는 웹상에서 전자문서를 안전하게 유통 활용하기 위해서 기록으로서의 원본성, 사건으로서의 특수성 및 위변조 방지 등의 보안성을 고려하여 전자문서 구조가 설계되어야 한다. 본 논문은 소송기록으로 적합한 전자문서 포맷과 특수한 사건정보를 관리하기 위한 XMP 및 전자문서 유통을 위한 보안요소의 연구를 통하여 헌법재판분야의 전자소송 구현시 적합한 전자문서 구조를 설계하고, 적용된 결과를 분석하였다. 본 연구는 웹상에서 전자문서 교환을 통해서 업무처리를 구현하고자 하는 경우에 유용한 참고 자료가 될 것이다.

• 한국중재학회지:중재연구
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• 제29권3호
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• pp.39-52
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• 2019

There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.