• Title/Summary/Keyword: Settlement System

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A Study on Collective Consumer Dispute Mediation System (집단소비자분쟁조정제도에 관한 연구)

  • Kim, Sang-Chan;Lee, Choong-Eun
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.99-119
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    • 2009
  • In modern capitalistic society, the harmed consumers like consumer complaints etc. are increasing day by day being caused by mass production and mass consumption etc. These consumer damages can come out as many types, but can be the most typical form. If there is a majority of the small sum damage, being saved by legal procedures is a fact that many consumers renounce it for long time, lots of expense and the complexity of the process etc. So, the government enforces consumer groups suit and collective dispute mediation system revising Framework Act on consumer. Specially, collective dispute mediation system, one of the ADR, saves the harmed consumers and accomodates efficiency in management of consumer dispute settlement commission by dealing with it collectively if the same or similar damage without a legal procedure happens to a great number of consumers. However, collective consumer dispute mediation system also has a number of problems. Therefore, this thesis is looking into the function and procedure of the collective consumer dispute mediation system on Framework Act on consumer as well as its problems and ways of improving it.

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System Identification on Dredged Soil Problems using Least Square Method (최소자승법을 이용한 준설토 문제의 System Identification)

  • Yu, Nam-Jae;Park, Byung-Soo;Kim, Young-Gil;Lee, Myung-Woog
    • Journal of Industrial Technology
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    • v.19
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    • pp.127-133
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    • 1999
  • This paper is a research about system identification which optimizes uncertain geothechnical properties from the data measured during geotechnical design and construction. Various numerical optimization algorithms of Simplex method, Powell method, Rosenbrock method and Levenberg-Marquardt method were applied to the excavation problem to determine which method showed the best results with respect to robustness of success in finding an optimal solution to within a certain accuracy and number of function evaluations. From the results of numerical analysis, all of four algorithms are converged to exact solution after satisfying the allowed criteria, and Levenberg-Marquardt's algorithms was identified to be the most efficient method in number of function evaluations. System identification was applied to geotechnical engineering problems, possibly being occurred in field, to verify its applicability : estimation of settlement due to self-weight consolidation in dredged and filled soil. For self-weight consolidational settlement of a dredged soil, a program of evaluating the constitutive relationship of effective stress-void ratio-permeability was developed by using the technique of system identification. Thus, consolidational characteristics of a dredged soil, having a very high initial void ratio, can be evaluated.

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Environmental Disputes and Arbitration Systems (환경분쟁과 중재제도)

  • Kang Jae-Gyeu
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.163-196
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    • 2005
  • In modern society, there is given rise to a lots of environmental controversies. This disputes bring about the social problems. The reason that this kinds of dispute is frequently brought in our society is that our society is democratized and a nation asserts his rights strongly. And also the reason is that there is not enough the legal system which is able to settle such a dispute amicably. Thus this thesis deals with the arbitration systems as the way to solve the dispute of environmental problems. This paper is composed as follows. 1. Introduction 2. The cause of trouble still exists in our society related to environmental controversy 3. A general settlement procedure of environmental disputes 4. Administrative grievance mediation 5. Environmental disputes and arbitration systems 6. Conclusion

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Soil-structure interaction analysis of beams resting on multilayered geosynthetic-reinforced soil

  • Deb, Kousik
    • Interaction and multiscale mechanics
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    • v.5 no.4
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    • pp.369-383
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    • 2012
  • In this paper, soil-structure interaction analysis has been presented for beams resting on multilayered geosynthetic-reinforced granular fill-soft soil system. The soft soil and geosynthetic reinforcements are idealized as nonlinear springs and elastic membranes, respectively. The governing differential equations are solved by finite difference technique and the results are presented in non-dimensional form. It is observed from the study that use of geosynthetic reinforcement is not very effective for maximum settlement reduction in case of very rigid beam. Similarly the reinforcements are not effective for shear force reduction if the granular fill has very high shear modulus value. However, multilayered reinforced system is very effective for bending moment and differential settlement reduction.

A Study of Alternative Dispute Resolution for Sports Dispute - Focus on Arbitration System - (ADR을 활용한 스포츠사건의 해결에 관한 고찰 - 중재제도를 중심으로 -)

  • Kim, Yong-Kil
    • Journal of Arbitration Studies
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    • v.21 no.1
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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.

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Rural Residents' Satisfaction of Living Environment and Social Service (농촌 주민의 생활환경 및 사회서비스 만족도)

  • Choi, Yoon-Ji;Hwang, Jeong-Im
    • Journal of Agricultural Extension & Community Development
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    • v.17 no.4
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    • pp.685-716
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    • 2010
  • The purposes of this study were to exploring the rural residents' satisfaction of living environment and social service. For these purpose we collected the data from the residents in rural area(1,000). The major findings of this study were as follows : First, the total satisfaction score is 58.9. The highest score group is housing and environment(69.9). And the lowest score group is cultural life and leisure environment. Various welfare services have been carried out for low income people, disabled people, old people, children and rural women within the social service system. But many respondents did not have chances to use social service because it was not efficiently provided many social services. So most of the residents in village wanted more welfare services. Second, the qualitative enhancement is more important than physical infrastructure expansion in order to improve rural settlement condition(housing quality, water supply and drainage, road and traffic system, medical care etc.)

A Study on the Challenge of a Arbitrator (중재인의 기피에 관한 고찰)

  • 이명우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.403-424
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    • 2004
  • In the solutions of civil disputes, there are decision of a court and alternative dispute resolution. Arbitration is one of alternative dispute resolutions. The decision of a court is the compulsory settlement and the solution by citizenship between two opposing parties, but arbitration is the autonomous and voluntary settlement by a private person, that is arbitrator. Besides these points, arbitration has various features in comparison with a decision of a court. The procedure of arbitration is not open to the public and single trial system guarantees speedy solution of disputes In the procedure of arbitration, arbitrator who pass judgement is selected and appointed by the parties to an affair. And there are questions how the arbitrator to become independent from them. Because Arbitration is not agreed solution which based on the concession between opposing two parties but imposed solution which is alike decision of a court. This study illustrates the system of challenge on arbitrator to guarantee independence of arbitrators.

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Settlement Solution by ADR on Dispute in Intellectual Property Right

  • Lee, Jae Sung
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.121-140
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    • 2019
  • First, the purpose of this research is to review the Online Dispute Resolution (ODR) regulations in Korea to resolve disputes which can arise in international e-commerce in the near future. Second, this research tries to look for alternative solutions to dispute resolutions according to these regulations. Third, this research pursues to enhance the effectiveness of business deals by providing efficient and satisfactory dispute resolution methods for e-commerce business. Furthermore, this study evaluates the definition of global e-commerce by comparing Online Dispute Resolution (ODR) with Alternative Dispute Resolution (ADR). Through analyzing the domestic ODR system and ADR system, this research could boost the employment of settlements in small-sized disputes through easy and convenient consumer access to both ODR and ADR procedures. The enhancement of the competitiveness of Korean companies in the global market is estimated to take place as a result. This research is estimated to provide benefits to our businesses both domestically and internationally by using ODR regulations and ADR methods. Moreover, this research is anticipated to verify usefulness in terms of consumer protection by advancing consumers' access to dispute solution authorities locally and abroad.

The Thoughts of Patients on Medical Accidents and Disputes in Korea (의료사고와 의료분쟁에 대한 의료이용자들의 의식 조사)

  • Rhee, Hyun-Sill;Lee, Jun-Hyup;Rhim, Kook-Hwan;Choi, Man-Kyu
    • Korea Journal of Hospital Management
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    • v.11 no.1
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    • pp.1-30
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    • 2006
  • According to the available data, in these days, the number of medical accidents and disputes have significantly increased since 1990 in Korea. From this aspect, a variety of approaches and efforts to solve these problems is needed before it is too late. This study intended to identify the thoughts of patients who are directly connected with medical accidents and disputes and then to consider reasonable settlement methods of the increasing disputes. For achieving the purpose of this study, the self-administerd questionnaire was conducted with 450 out-patients who visited three university hospitals, five small and medium-sized hospitals, and ten clinics in Seoul from June 13 to 17, 2005. Incomplete questionnaires were omitted and 410 respondents(91%) were included for the analysis of this study. Each section of the survey was composed of six categories such as the recognition of malpractice, a compensation system about no-fault medical accidents, the recognition of the judgement of medical accidents in court, reasonable settlement of medical accidents, reasons of lawsuit, and the need of the medical dispute settlement organization. The major results of this study were as follows. First, more than half of the respondents, 51.9 percent, worry about malpractice. And many respondents think malpractice causes their symptoms to persist or become worse, and also some respondents think that the doctor's prescription changed too frequently. Second, as for a compensation system about no-fault medical accident, 55.7 percent of the respondents insist that a proper compensation for suffering patients or their families should be provided. And also as for the responsibility of compensation, respondents think joint compensation of both the medical institution and the government is needed foremost, followed by the medical insurance company and finally by the medical institution. The government as well as the related institutions should take responsibility for malpractice accidents for which the doctor is not responsible. Third, as for the acknowledgment of medical accident judgements by the court, 32.8 percent of respondents think that it is best to compromise with a medical institution, followed by lawsuit(26.2%), the assistance of civil organization(23.2%), and a powerful physical protest(7.6%). Fourth, as for the lawsuit of medical accidents, 62.9 percent of respondents think that patients and their families would be in a disadvantageous position in relation to medical institutions and doctors mentioning the lack of professional medical and lawful knowledge, experience and know-how as the reason. So many people have given up appeals owing to the difficulties involved in defending themselves through evidence. Fifth, about a half share of the respondents indicated that the medical institution's neglect of the responsibility of medical accidents is one of the most important reasons of lawsuit. And next respondents mentioned the lack of the medical dispute settlement organization and a general distrust of medical institutions and doctors. Sixth, a majority of respondents consented to the introduction of the need of the medical dispute settlement organization, And about a half of the respondents mentioned a readiness to accept the mediation of the organization, but the rest did not express a clear opinion. It seems that conflict among the parties concerned have existed in relation to the medical dispute settlement organization and related legislation for many years. But as this study has shown, the needs of the medical dispute settlement organization is in desperate demand. Therefore, more negotiation efforts from all interest groups should be considered for the birth of the medical dispute settlement organization and related legislation.

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Efficient Management of Tunnel Construction Informations using ITIS(Intelligent Tunnelling Information System) (ITIS를 활용한 효율적인 터널 정보화 시공 관리)

  • Kim, Chang-Yong;Hong, Sung-Wan;Bae, Gyu-Jin;Kim, Kwang-Teom;Son, Moo-Rak;Han, Byeong-Hyeon
    • Proceedings of the Korean Geotechical Society Conference
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    • 2004.03b
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    • pp.946-951
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    • 2004
  • ITIS is applied to the several tunnel construction sites in Korea. Tunnel construction properties which are acquired from these sites are transferred to information management server(SQL 2000 server)by client application program in real time. Access permission to DB server depends on the user's roles. Some functions which cannot be embodied in SQL Server are serviced through XML and GMS server is used for spatial data based on GIS part. This system is supposed to give engineers the advantages which are not only easy handling of the program and computerized documentation on every information during construction but also analyzing the acquired data in order to predict the structure of ground and rock mass to be excavated later and show the guideline of construction. Neung-Dong tunnel and Mu-Gua express way tunnel are now under construction and with this system they have 3D visualized map of the geology and tunnel geometry and accumulate database of construction information such as tunnel face mapping results, special notes and pictures of construction and 3D monitoring data, all matters on the stability of rock bolts and shotcrete, and so on. Ground settlement prediction program included in ITIS, based on the artificial neural network(ANN) and supported by GIS technology is applying to the subway tunnel. This prediction tool can make it possible to visualize the ground settlement according to the excavation procedures by contouring the calculated result on 3D GIS map and to assess the damage of buildings in the vicinity of construction site caused by ground settlement.

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