• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.505-508
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• 2008

It's hard to express a lot of information within the drawings and the specifications as construction projects have gradually become large-size and complex. So, disputes are caused by that and reason that the usual practice(culture) of contract of the constructions in Korea is based on unfair rather than the fair principle between clients and contractors. However, the contractors don't try to solve this kind of things because they are worried about at their disadvantage situation. Therefore, this paper deduced the factors in the pre-dispute phase by analysing the cases of the civic counseling in the office of supply and the pre-dispute factors, and conduct analysis on the factors' importance by using AHP. The results will be used for a check-list to prevent the disputes.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.171-205
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• 2002

ADR (Alternative Dispute Resolution) is a system to settle disputes without having to pursue a judgment through the courts; it provides an alternative to conventional judicial proceedings. As such, ADR is available to resolve a wide range of disputes, ranging from minor disagreements between neighbors to contracts involving millions of dollars. One can say there has been “efficient resolution of a dispute” only when it has been settled rapidly and finally to the satisfaction of all parties concerned, inexpensively and in a transparent manner. In this respect, ADR may well be regarded as the most efficient method to resolve disputes. In order to establish and disseminate ADR as a practical dispute-settlement procedure, first, governmental financial support is necessary, rather than having to depend upon fees collected from the disputing parties. At the same time, various inducement policies also are required. The most important factor is to make people aware of the fact that ADR is a low-cost, speedy system and more practical compared with other procedures. Second, cooperation from legal circles, lawyers in particular, is absolutely necessary. If disputes become serious, the general public normally seeks out lawyers for advice. Third, disputing parties have to be convinced of the benefits of ADR, secure in the knowledge that ADR will provide them not only with economic benefit but also a satisfactory result. Diverse ADR procedures should be developed and implemented to facilitate participation in a comfortable atmosphere with a mutually friendly relationship. The most important factor in achieving the wider use of ADR, which is attracting more attention of late, is the expectation that it will bring a satisfactory resolution to the related parties in dispute. The trend of seeking a new dispute-settlement method also reflects the changing sense of values in society today. Therefore, one specific method is not suitable for all kinds of disputes. A proper system should offer different approaches according to the pattern and type of dispute and the parties concerned. In selecting a dispute-resolution system, several factors have to be considered - the relationship between the parties, their financial situations, the necessity of maintaining confidentiality, urgency for settlement, etc. In the light of all these, it is desirable for the disputing parties to select the most appropriate of the available systems, not blindly turning to the courts, if and when a dispute arises.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.8
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• pp.635-644
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• 2020

The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.183-211
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• 2006

DDA and FTA make global business environments more competitive. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR(Alternative Dispute Resolution). Thus, Korean Companies should be more concerned with ADR system and should utilize ADR to settle their dispute effectively and efficiently. However, ADR and KCAB isn't well recognized in Korea. So, the major purposes of this study are to expand the recognition of ADR and KCAB through SWOT Analysis of KCAB in Korea. Based on the results of my study, I suggest KCAB the following guidelines. First, KCAB work closely with the concerned research association as KSSA to make a guideline books of efficient dispute resolution. Second, KCAB improves their service quality and tries to utilizes various opportunity factors well. Meanwhile, Korean government assists KCAB with funds as well as improvement of dispute resolution system as the establishment of ADR Law. Consequently, to expand ADR in Korea, revolution of KCAB Staffs' consciousness and Korean government's assistance are very needed.

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.109-137
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• 2023

This paper reviews legal framework, characteristics and main contents of the 'Optional Rules for the Arbitration of Disputes Relating to Outer Space Activity' enacted by the Permanent Court of Arbitration (PCA) in 2011. Space activities, which began in the 1950s, are undergoing significant changes according to the international characteristics and development of science and technology. New Space and the space business will be the key factors driving these changes. However, the diversity of disputes caused by New Space space activities and the characteristics of each type of dispute must be considered together. This is because the space business can be maintained and developed by securing the effectiveness of dispute resolution. This paper identifies that the PCA Space Dispute Arbitration Rules have important legislative and policy significance in this respect. Specifically, in this paper, the international space law system, the draft convention of the International Law Association, and the PCA arbitration rules were introduced in an overview of the international dispute settlement system related to space activities. Afterwards, it examines that the systematic structure and some major contents of the PCA Space Dispute Arbitration Rules in detail. Based on this, the paper suggests some points of application of the PCA Arbitration Rules and the legislative policy implications.

• Korean Journal of Construction Engineering and Management
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• v.17 no.5
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• pp.35-44
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• 2016

Various risk factors are known to be the nature of construction project execution process. These factors lead to potential claims, dispute mediation, arbitration, and litigation which can result in huge loss of money and time. Therefore, it is necessary for construction companies in Korea to improve overall project management capability through the evaluation before entering into the overseas construction market. Also, after examination of the claim and dispute caused by construction project risks, a substantial degree of influence and active preparation for the claim and dispute management should be confirmed via the effect analysis of the each factors. Main claim causes were derived through claim and dispute cases involved with domestic construction projects. As a prediction result of the main claim, 16.1% of the construction change claim, 5.7% of the bad faith claim and 2.7% for the construction delay claim were found to be the portion of the total construction cost. As a result of this analysis, risk management methodology was suggested to improve a project management capability for domestic construction companies through analysis result of the main factors of construction claims.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.547-584
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• 2004

Information technology(IT) is changing rapidly based on growth of internet and computer businesses. Therefore, computer programs and softwares are distributed to computer users promptly for their productivity increase and efficient work. So, in the distribution, the softwares will be copied or released through network or other methods which are not authorized by the program owners. In that case, copyright dispute is incurred and various issues are come out due to infringement of the software copyright. Thus, the purpose of this study is to research infringement cases of the software copyright and how to settle the dispute which is related with software programs. To achieve the purpose of this study, this research consisted of 5 chapters. At chapter 1 introduction, it mentioned necessity of this study, purpose and how to research this study, and at chapter 2 dispute factors indicated and summarized for technical resolution. At chapter 3, infringement cases of software copyright analyzed and studied upon intellectual property(IP) related laws. And methods of dispute settlement discussed and suggested to chapter 4 for copyright and intellectual property protection. Also, it emphasized importance of arbitration to resolve the issues timely and avoid time and economical consumption. Of course, arbitration law has to be matched with the trend of technology development for effective settlement. At chapter 5 conclusion, it summarized this research and suggested further research for empirical test of economic value of the software copyright upon the aspect of business, law, and engineering. In this study, the results are 1) IP related laws have to be enacted or revised to meet technical changes for the protection of software copyright on time. The enactment or the revision of law takes a long time, therefore, to deal the dispute effectively, 2) arbitration law has to be utilized efficiently in order to resolve issues and settle the dispute promptly. It is suggested the dispute settlement through arbitration to save time and economic matters for legislation, and to harmony with the technology trends. 3) Recognition of software copyright is to be improved by users and enterprises for development of software related industries and intellectual property protection. In conclusion, the protection of software copyright is important than any other things in the field of IT because of the development of industry and intellectual property related laws. The development is for areas of business, law and engineering, so research and practices are to be combined with the areas so that it could resolve the dispute settlement and IP protection effectively.

• The korean journal of orthodontics
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• v.44 no.1
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• pp.5-12
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• 2014

The committee of admitted doctors developed a questionnaire regarding medical dispute and distributed it to 1,600 members of Korean Academy of Orthodontics. The questionnaire consisted of three categories and 56 items covering basic information about the doctors and patients who had experienced medical disputes, the cause and workaround of medical accidents, and methods for taking precautions. The present survey showed a similar proportion of responders who had experienced a medical accident compared to the study in 1997. The primary reason for medical disputes was dissatisfaction with appearance. Many doctors felt that they would likely experience a medical dispute at some point. Most disputes were settled by doctors themselves, usually for an amount of less than 5 million Korean won. For some doctors, medical accidents lead to ongoing psychological problems. Responders felt that continuing education for medical dispute is very necessary. These results reveal a need for the association of orthodontists to lead advancements in education and countermeasures for preventing and managing medical accidents and disputes.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.3-31
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• 2011

In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. It could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration. It is a matter for debate that disputes containing punitive damages may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. To offer some solution to these issues, it is necessary to inquire into the nature of punitive damages. the policy and function of alimony, the fair apportionment of a loss. Moreover, international relations formed with international transactions should be considered. Punitive damages would be the object of arbitral proceedings as the dipute in private laws. When punitive damages pursue only punishment in the domestic arbitration that there is not foreign factors, arbitral tribunal could not make arbitral award containing punitive damages. However, if punitive damages are admitted under the rules applicable to substance of dispute, and there is the arbitration agreement in which is implied that the parties agree to submit to an arbitral award, arbitral tribunal could make arbitral award containing punitive damages in international arbitration. When it is questionable whether it is offend against our public policy or not, that we accept the effect of arbitral award containing punitive damages, and we admit the enforcement of it, we have to take the nature of punitive damages, the policy and function of alimony, the fair apportionment of a loss and the stability of international transactions into consideration.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.373-418
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• 2003

This is to study intellectual property(IP) protection of contents which is related with transactions upon internet network. Issues of electronic transaction and infringement cases were studied and analyzed for intellectual property protection. Upon those study, utilization and activation of contents, dispute settlement and method of IP protection were suggested. To achieve this study purpose, it consists of 5 chapters. In chapter 1 introduction, it's mentioned purpose, scope, and method of this study. In chapter 2, outline of contents and e-Commerce, and subject of IP protection upon internet were studied. In chapter 3, issues and dispute factors of IP were discussed and infringement cases were analyzed. It found out that infringements would be variety and complex due to technology rapidly changes. In chapter 4, IP protection plan and responsibility of webmaster were studied and emphasized to protect IP upon Internet. Also, protection against infringement and method of dispute resolution were studied and suggested the method. In this study, the protection plan was suggested because IP protection of contents in internet would be many cases upon internet technology. It found out that technology was important for business expansion of contents, e-Commerce and IP protection, and to enact a law related with IP. In chapter 5 conclusion, this study was summarized and further research was suggested. This study results are 1. IP related laws had better enact or revise to meet internet technology changes for IP protection timely, 2. local laws are to change and develop to harmony with international norm and trends, 3. consolidation of IP related laws for unification of IP statement should be incurred to avoid unnecessary energy of legislation and not to create dispute matters. That's also for customer satisfaction. In conclusion, not to incur ADR and for IP protection of contents, IP related laws would be promptly made or revised, according to technology change trends and for international harmony, That's for internet related industry development and customer satisfaction.