• Journal of Arbitration Studies
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• v.20 no.2
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• pp.131-149
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• 2010

Since the Arbitration Law of China took effect in 1995, arbitration has grown with the economy. At the end of 2009, there were 202 arbitration institutions in China. Among them, China International Economic and Trade Arbitration Commission(CIETAC) has adopted online arbitration and has settled internet domain name disputes since 2001. CIETAC Domain Name Dispute Resolution Center(DNDRC) has accumulated abundant experiences of online arbitration in the field of domain name disputes. Based on those experiences, on 1 May 2009, CIETAC implemented the CIETAC Online Arbitration Rules(Rules') to regulate the resolution of e-business disputes as well as other business disputes. With this background, this article aims to study the status quo, practices and issues of online arbitration conducted by CIETAC. For the purpose of the article, a general picture of online arbitration is outlined first, followed by introducing the steps of the online arbitration procedure. According to the 'Rules', the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese Arbitration Law, in particular, the recognition of the validity of electronic arbitration agreements and awards.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.249-275
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• 2018

Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.

• The Journal of the Korea Contents Association
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• v.12 no.2
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• pp.40-51
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• 2012

Recently, many users discuss and argue with others using replying comments. This implies that a series of comments can be a new source of information since various opinions can be appeared in the dispute. It is important to understand the implicit dispute structure immanent in the comment set. In this paper, we examine the characteristics of disputes using replying comments in the Internet forum sites using a set of test articles with the comments collected from SketicalLeft and Agora, which are famous Internet forum sites in Korea. And we propose a new method for detecting and visualizing the dispute sections and relations from a large set of replying comments. To show the performance of our method, we measured precision, recall, and F-measure. According to the experimental results, the F-measures of the detection of the comments in dispute are about 0.84 (SketpcialLeft) and 0.83 (Agora); those of the detection of the commenter pairs in dispute are 0.75 (SketpcialLeft) and 0.82 (Agora), respectively. Since our method exploits the temporal order of commenters to detect the disputes, it is not dependent on the host language nor on the typos in comments. Also, our method can help the readers to grasp the structure of controversy hidden in the comment set through the visualized view.

• Journal of Arbitration Studies
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• v.34 no.1
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• pp.51-74
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• 2024

Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.99-119
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• 2019

In recent times, the volume of cross-border e-commerce has witnessed an upward trend and has been accompanied by increased disputes, with cross-border e-commerce being characterized mainly by low value and large volume issues. For this reason, Online Dispute Resolution (ODR) was formed to carry out dispute resolutions in cross-border e-commerce. A virtual multi-door ODR platform for small value, cross-border disputes in e-commerce is then proposed in this paper. For a couple of decades, researchers have tried to employ Artificial Intelligence (AI) to Law. However, it turns out that they were faced with a couple of obstacles to integrate AI to Law since it is highly difficult to program AI to process the common sense of a human being. For example, AI cannot assimilate the affective side of a human being, and it is problematic to integrate a human being's common sense into the AI system. Considering this situation, this study puts forward an ODR model for cross-border e-commerce in the evolutionary perspective.

• International Commerce and Information Review
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• v.17 no.3
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• pp.3-27
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• 2015

As hostile online reviews can have a negative impact on a company's reputation, it is not surprising that online reviewers and business owners often get involved in conflicts which sometimes evolve into legal disputes. This research examines the legal dispute case in which the business owner charges an online reviewer for a defamation. Further, this research compares the supreme court's decision with general public's view on this defamation case, using a survey method. From the legal point of view, an online reviewer's primary motive determines whether the online reviews are defamatory statements or not. Specifically, if an online reviewer's primary motive is to increase the overall benefits for the public society, the online review does not bear any legal liability. According to our survey, consumers' view aligns with the final decision of the supreme court. They believe that online reviews should bear a minimum level of legal liability as online reviews often contain useful and valuable information which can enhance overall public benefits.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.185-220
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• 2003

Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.

• Journal of The Korean Association For Science Education
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• v.24 no.6
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• pp.1206-1215
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• 2004

In this study, we explored the students' perceptions on the online discussion system for physics investigation as the physics education program. With these, we explored the characteristics of online discussion system. For these, the questions and interviews were executed in order to get informations about user-friendly characteristics of on-line discussion learning system of physics investigation, asynchronicity of on-line investigation discussion, on-line investigation discussion related to writing, visual cues and physical presence of on-line investigation discussion and preference of on-line investigation discussion. The students represented that there were two advantages in the online investigation discussion. One is that they could participate in the on-line investigation discussion without the restriction of time and space, and the other is that they could enter into a dispute with sufficient consideration because of the asynchronicity characteristic of online investigation discussion. Although the online educational activity is mainly achieved by independent work on the part of students, the role of teacher and parents is more important than the technical part of online educational system for the active participation.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.6 no.11
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• pp.2956-2979
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• 2012

Along with the development of Information Technology, online transactions through Internet have become more popular for the reasons of convenience and efficiency. In order to provide secure and reliable online transactions, an effective electronic payment protocol is crucial. In this paper, we propose a novel electronic payment protocol for digital product transactions with an offline arbiter to achieve fair exchange, automated dispute resolution, customer anonymity, and customer unlinkability. In our protocol a product token is adopted to eliminate the need of key management for digital product decryption in the offline arbiter. In addition, Elliptic Curve Cryptography (ECC)-based self-certified public key is utilized to further reduce computing overheads. According to our analysis, the efficiency of our protocol can be greatly increased in comparison with previous literatures.

• Journal of Digital Convergence
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• v.13 no.10
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• pp.9-17
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• 2015

China is the largest e-commerce market in the world. The Chinese online retail market is almost 40% larger than the US, and together these markets account for more than 55% of worldwide e-commerce. The Korea China FTA is likely to facilitate e-commerce activity between the two countries, as well as trade in the goods and services that enable e-commerce. Korean consumer goods can enjoy the benefits of the FTA because it has a competitive advantage in the Chinese market in terms of technology and quality. The purpose of this study is to examine legal issues of e-commerce chapters of the Korea China FTA and policy implications. Results of the study show that several implications based on the export vitalization of cross-border e-commerce of Korean products are offered. The Korean government needs to do the following: prepare for the subsequent negotiation of the e-commerce agreement, prepare for the classification issue of electronic transmissions, require mutual recognition of electronic authentication and electronic signatures, prepare for e-commerce dispute settlement mechanism and establish of strategies for the export vitalization of e-commerce.