• Korea Trade Review
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• v.46 no.2
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• pp.371-387
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• 2021

This paper analyzed 110 papers related to the field of trade settlement published in the Korea Trade Review for 40 years from 1980 to 2019. This study tried to provide an insight on research topics and to suggest future research directions. The papers were analyzed according to the detailed topics of trade settlement. Research trends were identified every ten years by investigating the most frequently used titles and keywords. The analysis found that the direction of the research changed in line with the changes in trade settlement practices. Future research lies in the field of electronicization of traditional settlement methods, search for alternative settlement methods, individual international microtransaction and trade fraud.

• Journal of Korean Society of Rural Planning
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• v.1 no.1
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• pp.89-98
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• 1995

This paper is intended to review the major problems of rural settlement development and attempts to find the direction to enhance the effectiveness of rural settlement development policies and strategies. Small amount of financial resources being mobilized, similar policies for rural settlement development have been implemented sectionally by the respective sectoral goverment bodies. It has resulted in a lot of coulict and ineffectiveness in the process of rural settlement development To rationalize the rural settlement development, there should be some change in the current practice of the project: integration of development efforts, consideration of regional situation and settlement system, and introduction of principles and criteria suitable for rural settlement planning.

• Management & Information Systems Review
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• v.19
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• pp.129-143
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• 2006

The internet industry is gradually increasing according to the explosive explosion of internet and development of information communication industry. Specially, The payment method of settlement means is diversed with development of e-commerce. In this paper, we propose a settlement method using e-settlement in the network. and we suggest a security method for efficiency of e-money. Also, we propose a reform plan of e-settlement system.

• Archives of Plastic Surgery
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• v.44 no.4
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• pp.283-292
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• 2017

Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.699-733
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• 2000

This article analyzes the state-of-play of WTO dispute settlement for first four and a half years. Remarkable points found on this analysis are as follows: First, the Quad consisting of the United States, the European Community (EC), Canada and Japan has participated in the WTO dispute settlement mechanism more frequently than any other WTO member. Second, among developing country members some leading countries such as Korea, Brazil and India have relied actively upon the mechanism to claim and defend their rights and obligations under the WTO rules. Third, bilateral dispute settlements generally have been preferred to multilateral dispute settlements by the panel or Appellate Body. Fourth, observation of the Appellate Body proceedings well shows WTO members' strategy to use every process available to them. Fifth, the provisions of GATT 1994 have been most frequently invoked by the members. GATS and TRIPS Agreement disputes are mainly involved in developed countries, in particular the U.S. and the EC. Sixth, very high winning ratio in the panel and Appellate Body process indicates that complaining parties review the possibility to get favorable rulings even before referring to the Dispute Settlement Body (DSB) and prepare for the case very thoroughly. Seventh, roughly speaking, disputes were settled within two or three years. Therefore, seeking bilateral dispute settlement can be more advantageous to a complaining party than referring to a panel or an arbitrator because of low costs and short time period in dispute settlement. Finally, the DSB approved retaliatory actions for winning complaining parties against the defending parties who had rejected implementation of its rulings and recommendations. In conclusion, it can be said that the WTO dispute settlement mechanism has been operated very successfully for the first four and a half years. It is hoped that continued study on state-of-play of WTO dispute settlement mechanism will be contributory to improved national interest of Korea.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.3-29
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• 2020

The WTO's dispute settlement system has played a significant role in settling trade disputes between countries, and its function and role have been expanded by handling about 596 disputes since its establishment in 1995. This shows that the WTO's dispute settlement system is gaining enormous trust among member countries that it recognizes as a fair, effective, and efficient system for resolving trade disputes. The U.S. remains uncooperative in the WTO dispute settlement system, citing disregard for the 90-day deadline for appeals, continued service by persons who are no longer A.B. members, issuing advisory opinions on issues not necessary to resolve a dispute, A.B. review of facts, and review of a member's domestic law de novo. The A.B. claims its reports are entitled to be treated as a precedent. These problems should be gradually improved through various discussions and agreements by establishing a multilateral forum for resolving disputes and gradually ending the problems through reform of the DSU.

• Journal of the Korean GEO-environmental Society
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• v.20 no.1
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• pp.13-17
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• 2019

This paper presents case history of railway embankment excess settlement on soft clay during service in southern region of Korea. A lot of field observations show that the measured settlements are a lot larger than settlements actually calculated in this area. Back analysis is carried out to verify the soil parameters which are intended to investigate in the subsurface exploration phase and later in a laboratory test program. Recommendations and causes for the engineering practice are suggested to review the determination of excess settlements and, consequently, to improve the settlement prediction. This enormous discrepancy is due to the passing over secondary consolidation, and the design filling did not meet to real construction filling. Immediate settlement could be subsidiary factor of excess settlement.

• Journal of Industrial Technology
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• v.28 no.A
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• pp.11-17
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• 2008

Applicability of hyperbolic settlement prediction method to consolidation settlement in the dredged and reclaimed ground was assessed by analyzing results of centrifuge tests modelling self-weight consolidation of soft marine clay. From literature review about self-weight consolidation of soft marine clays located in southern coast in Korea, constitutive relationships of void ratio - effective stress - permeability and typical self-weight consolidation curves with time were obtained by analyzing centrifuge model experiments. For the condition of surcharge loading, exact solution of consolidation settlement curve obtained by using Terzaghi's consolidation theory was compared with results predicted by the hyperbolic method. It was found to have its own inherent error to predict final consolidation settlement. From results of analyzing thc self-weight consolidation with time by using this method, it predicted relatively well in error range of 0.04~18% for the case of showing the linearity in the relationship between T vs T/S in the stage of consolidation degree of 60~90 %. However, it overestimated the final settlement with large errors if those relation curves were nonlinear.

• Korea Trade Review
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• v.45 no.1
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• pp.31-45
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• 2020

As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

• Korea Trade Review
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• v.45 no.2
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• pp.177-189
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• 2020

The dispute settlement mechanism of the World Trade Organization (WTO) is in great peril. The Appellate Body has ceased to function last December as the United States has blocked the appointment of new Appellate Body members since 2017. The focus of this study is on the examination of US's discontent on the Appellate Body and various efforts to reform the Appellate Body. In a recent report, the US Trade Representative raises its concerns on the Appellate Body including 90 days mandatory deadline, transitional rules for outgoing Appellate Body members, scope of appeal, advisory opinions, precedent, recommendation, and overreach without offering any viable solutions. Some of WTO members and experts proposed several Appellate Body reform measures but agreement between WTO members is unlikely in a foreseeable future. Alternative dispute settlement mechanisms should be seriously considered such as interim appeal arbitration arrangements, separate dispute settlement mechanisms for trade remedies, unilateral retaliatory measures without WTO authorization. Rules-based multilateral dispute settlement system is imperative to small open economies like Korea. The Korean government should actively participate in Appellate Body reform discussions with other WTO members to keep the WTO dispute settlement system from collapsing.