• 한국중재학회지:중재연구
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• 제21권1호
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• pp.109-129
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• 2011

In the approaching 21th century, the outstanding development in international sports has established arbitration as the preferred form of dispute resolution. Because the form of sports dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem. The Alternative Dispute Resolution(ADR) as the settlement of sports dispute is regarded as the one of effective dispute resolution method and merits notice. The Korean Sports Arbitration Committee has been established for dispute resolution between athletes and the clubs or alike. Now, We must review and complements the rules of the Korean Sports Arbitration Committee in order to be a representative system of domestic sports dispute arbitration that settle the sports dispute practically and efficiently.

• 한국콘텐츠학회논문지
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• 제18권1호
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• pp.277-288
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• 2018

본 연구의 목적은 중국인들의 한국인에 대한 경쟁의식과 문화유입수용성이 국가 간에 분쟁이 발생하였을 때, 중국인들의 자국방어적 대응에 미칠 수 있는 영향을 파악하고, 이러한 영향에 합리적 분쟁해결인식의 매개효과와 한류호감도의 조절효과가 어떻게 유의미하게 영향을 미치는지를 실증적으로 규명하고자 하였다. 본 연구는 중국의 11개 도시(7개 성소재)에 거주하는 30세 미만의 695명의 중국인들을 설문조사하여 얻은 자료를 분석한 실증연구이다. 자료분석 결과, 첫째, 한류호감도가 높은 경우에는 국가간 경쟁의식이 한국과의 분쟁의 합리적 해결에 부적영향을 미치지 않았지만 한류호감도가 낮은 집단은 부정적 영향을 미쳤다. 둘째, 한류호감도가 높은 경우에는 문화유입수용성은 합리적 분쟁해결인식을 매개(mediation)로 하여 자국방어적 대응 성향을 완화시키는데 유의한 영향을 미칠 수 있음이 확인된 반면 한류호감도가 낮은 집단에서는 매개효과가 유의하지 않아 한류호감도의 조절효과(moderating effect)가 입증되었다. 주요 발견점을 토대로 함의를 모색하며 논의하였다.

• 한국중재학회지:중재연구
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• 제32권1호
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• pp.71-91
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• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

• 한국게임학회 논문지
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• 제13권3호
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• pp.121-130
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• 2013

본고에서는 콘텐츠분쟁조정위원회에서 조정한 사건들을 중심으로 분쟁현황과 그 이슈를 살펴보았다. 그 결과, 미취학 아동들의 모바일 게임 피해 문제, 통신사와 국내 일반기업과 연계된 게임분쟁문제, 게임사의 책임성과 통신사의 주도적인 피해 방지 시스템 구축의 필요성 문제, 업체의 피해 구제 인식의 필요성 문제 등을 되짚어 볼 수 있었다. 또한 본 연구를 통해, 분쟁조정 제도는 분쟁 당사자들의 갈등을 합리적으로 조율하도록 매개 역할을 크게 수행하고 있다는 사실과 모바일 오픈마켓의 자율적인 신뢰성 확립이 절대적으로 필요하다는 사실을 확인할 수 있었다.

• 한국중재학회지:중재연구
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• 제23권2호
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• pp.1-35
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• 2013

In the 21th century, its important role in international commercial disputes has established arbitration as the preferred form of dispute resolution. Because commercial disputes have become more complicated and varied with their quantitative increase, it is important that they be settled in a reasonable and rapid manner. Alternative Dispute Resolution (ADR) is now regarded as one of the most effective dispute resolution methods for the settling of commercial disputes and merits notice. Arbitration is a form of dispute resolution in which two parties agree to have their dispute resolved by one or more arbitrators and thereby avoid what could be costly and time-consuming court battles. Often contracts mandate that disputes be settled through arbitration. These arbitration clauses also frequently prohibit plaintiffs from banding together to bring an action on behalf of a larger class. An arbitration agreement is an agreement by parties to summit to arbitration all or certain disputes which have arisen or which may arise between them with respect to their defined legal relationship, whether contractual or not. According to the Supreme Court, general elective arbitration clauses may be considered valid in light of all the relevant facts. Arbitration has been the subject of a great deal of research and the scope of effect in arbitration agreements is a promising avenue for future research.

• 의료법학
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• 제14권1호
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• pp.117-144
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• 2013

After several bills for the reasonable medical dispute resolution had been proposed for over twenty years, "Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation" was eventually enacted on April 7, 2011 and came into effect from April 8, 2012. This study evaluates the achievements and results of the past year, suggesting the future improvements or tasks. The main issue of Act on Medical Dispute Mediation is Korea Medical Dispute Mediation and Arbitration Agency. Therefore, the success of the Act depends on the outcomes of Korea Medical Dispute Mediation and Arbitration Agency. Although the Act has been enforced for only one year, this paper examines the outcomes of the Agency with limited materials for its development. Korea Medical Dispute Mediation and Arbitration Agency was established for rapid, fair, and effective medical dispute resolution. Thus, the evaluation of the performances of the Agency is based on the 1) rapidness, 2) fairness, and 3) effectiveness of the dispute resolution. To sum up, the system earned positive evaluations as for the rapidness and fairness, but some problems were indicated with regard to the effectiveness. As the system of medical dispute mediation and arbitration in Korea has no parallel in the world, other countries show many interests in it. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs. As the Act had a difficult passage through Parliament, it should be maintained and improved continuously.

• 한국중재학회지:중재연구
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• 제32권3호
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• pp.93-109
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• 2022

Cosmetics are products that consumers use every day to maintain or improve the health of their skin and hair. Therefore, the expansion of the cosmetics market leads to the expansion of disputes over cosmetic damage. Along with constant social changes, new conflicts continue to arise. In order to resolve these disputes, various consumer dispute resolution organizations and methods are required. Therefore, Alternative Dispute Resolution (ADR), an alternative method that can provide a reasonable judgment on problems that occur during the manufacture and distribution of cosmetics with expert knowledge of the industry, is required. Korea resolves disputes between consumers and manufacturers caused by cosmetics through the ADR of the Korea Cosmetics Association and the Korea Consumer Agency. It handles disputes related to accidents caused by cosmetics, offers consultation on consumer complaints on cosmetics and provides information on accidents and safety related to cosmetics. It is not possible to completely eradicate disputes from cosmetic damages. Therefore, it is necessary to expand and efficiently operate the cosmetic ADR system for consumers. In this study, the current status of cosmetic damage disputes and damage relief and the role of the domestic ADR system were reviewed. Consumers should be easily relieved from damage caused by cosmetics. By accumulating important precedents with an efficient cosmetic damage dispute resolution system, disputes over cosmetic damage should be smoothly resolved.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• 한국중재학회지:중재연구
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• 제5권1호
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• pp.339-363
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• 1995

• 무역상무연구
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• 제13권
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• pp.911-932
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• 2000

On increasing a computer network, internet usage, it has been created for Electronic Commerce to place a cyberspace. This cyberspace is limited to apply for contemporary usage and law because it have distinct characters now. Therefore, it is predicted that dispute will be happened in these cyberspaces. This article examines the disputes cases related the computer network intermediary's liability and studies a reasonable improvement ways for developing Electronic Commerce. It has been limited to apply the usage and law the network which can be happened a dispute and has not involved usage and law using computer network yet. Therefore, we should make a self-regulation each other who use network and improved the usage and law involved the network through these methods. We should also establish Alternative Dispute Resolution and try to settle dispute in the cyberspace