• Title/Summary/Keyword: dispute factors

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A Study of the interpretive rule on pilot's read-back error (Read-back Error 요인의 해석)

  • Sin, Hyeon-Sam
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.8 no.1
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    • pp.111-124
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    • 2000
  • In this study, pilot's read-back errors were reviewed in terms of its cause and consequence while FAA tried to weigh a new initiative in the atc-pilot communication dispute in opposition of a majority of the aviation community by addressing an interpretive rule of 14CFR 91. Especially human factors in ATC communications were outlined with a view to suggest a line of recommendations for a successful accomplishment of safe flight in the busy terminal airspace.

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Content Analysis of Main National Environmental Dispute Cases from Five Recent Years (최근 5년간 주요 중앙환경분쟁조정 사건의 내용 분석)

  • Park, Jeong-Ho;Yang, Sung-Bong
    • Journal of Environmental Science International
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    • v.25 no.7
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    • pp.989-998
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    • 2016
  • In this study, we analyzed the content and compensation factors of 337 cases of national environmental disputes from five recent years (2000~2014). Causes of damage were noise-vibration in 234 cases (69%), sunlight in 48 cases (14%), air pollution in 19 cases (6%), water pollution in 15 cases (4%), odor in 13 cases (4%), and others factors in 8 cases (3%). Sources of damage were construction in 224 cases (66%), structures in 36 cases (11%), vehicle on road in 31 cases (9%), industry in 18 cases (5%), environmental facility in 11 cases (3%), livestock facility in 6 cases (2%), and other sources in 11 cases (3%). From the results of logistic regression analysis, important factors associated with compensation were found to be damage amount, damage distance, zoning districts, source, and administrative disposition.

Success Factors of Digital Contents Distribution Websites (디지털콘텐츠 유통 웹사이트의 성공요인(에 관한 연구))

  • Choi, Yong-Soek;Kwon, Hyeog-In
    • Journal of Information Technology Applications and Management
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    • v.13 no.4
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    • pp.215-235
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    • 2006
  • Recently, Development of IT and digital-tech, and this is becoming factor of digital contents industry development. But, problem that is more suitable e-business model's necessity and quality enemy of distribution web-site to digital contents as transaction this firm dispute by transaction special quality and Payment-system increase of digital contents increases rapidly was risen. In this study, Digital Contents qualify estimation very important persons of digital contents as sequence of study that investigate from target's viewpoint which is serviced through web-site that digital contents is not factors of web-site service method whether digital contents distribution web-site factors effect that is some in customer satisfaction from general viewpoint of actuality digital contents distribution and is the actual proof enemy. This paper's goal that these study finding leads as digital contents industry discusses individual enterprise's success and failure as field of business in quickening period yet but domestic digital contents industry field will be roared and may can have competitive power by enterprises which wish to already started business or inaugurate an enterprise enter in field with successful beginning and direction and develop continuously.

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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

The analysis of selection factors of medical domain importance using 「2017 Consumption Life Indicators in Korea」 (「2017 한국의 소비생활지표」를 활용한 의료영역 중요도 선택 요인 분석)

  • Park, Nyeong-Seo;Kim, Keon-Yeop;Lee, Won Kee
    • The Korean Journal of Health Service Management
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    • v.14 no.1
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    • pp.43-53
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    • 2020
  • Objectives: The purpose of this study was to investigate the factors of importance in the medical field from the perspective of the consumer, using "Consumption Life Indicators in Korea." Methods: We examined the general characteristics, economic conditions, information acquisition, complaint-provoking experiences, cognitive score on dispute resolution, and factors affecting medical domain importance selection, using SAS 9.4. software. Results: It was found that "age" among general characteristics and "income" among economic conditions were important factors in selecting medical domain importance. Thus, it was possible to reaffirm the poor health of socioeconomically vulnerable people and their socioeconomic difficulties. Conclusions: The medical domain selection group needs the attention of the government, medical institutions, academia, consumer groups, community service groups and professional organizations, and needs substantial economic support and customized education.

Preliminary Study on the Factors Analysis of Change Order-Claim in Design-Build Project (설계시공일괄입찰공사의 설계변경 클레임요인 분석에 관한 기초 연구)

  • Ryu, Hyeok-Jun;Park, Byung-Ju;Yoo, Seung-Kyu;Kim, Ju-Hyung;Kim, Jae-Jun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2012.05a
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    • pp.129-130
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    • 2012
  • Although the order of Design-Build is being expanded by increasing construction scale and demanding hybrid function, the suitable regulation of the contracts is not settled. Design-Build is way by government because there are big construction of much government leading in contract relation high position occupy. So, case that prebendary's claim institution develops by litigation is very rare. But, recently Design-Build is magnified. So, these dispute factors is becoming visualization gradually. The contract system is needed to be consistent by international standard to deal with the problem. This study suggests the useful solutions in detail concerned with the main factor of change order claim by each Design-Build phases through practical sorting and analysis of the causes of Change Order-Claim.

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Analysis of Weight Factors for Siting the Electric Facilities utilizing Analytical Hierarchy Process (AHP를 이용한 전력설비 입지선정 항목 중요도 분석)

  • Koo, Jakon;Kim, Sang-Ho;Yoon, Ko-San;Kang, Hyun-Jae;Jeong, Jong Chul
    • Journal of Environmental Impact Assessment
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    • v.21 no.3
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    • pp.381-389
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    • 2012
  • This study was conducted to analyze the weight factors for siting the electric facilities using Analytic Heirarchy Process technique participating the stakeholders. Siting the electric facilities has been a dispute of long standing because of landscape damage, geological deformation and various environmental problems such as electromagnetic effect to human health. For analyzing the weight factors by AHP technique, the questionnaire process was applied to the fifteen committee members including representatives of resident, academic experts, members of local assembly, officers of local government, journalists, etc. in Gangwondo, Korea. Weight factors for siting the electric facilities by AHP committee members resulted in residential areas 35.06%, cultural assets 16.68%, landscape conservation 13.11%, large-scale ecological corridor 10.17%, connectability of electric transmission line 8.32% respectively. The distance from residential areas was the most important factor preferred by committee members for siting the electric facilities.

Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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Factors Affecting the Resolution of Environmental Disputes and Relevant Policy Alternatives (환경분쟁해결에 영향을 미치는 요인과 정책대안)

  • Lee, Soo-Jang
    • Journal of Environmental Policy
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    • v.9 no.4
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    • pp.125-154
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    • 2010
  • Among the various contemporary issues that confront the nation or society, surely one of the most difficult to resolve are environmental disputes between government authorities, developers, local residents and advocacy groups. While such disputes can in some cases be the result of a selfish and illegal NIMBY("Not In My Back Yard") syndrome, they can also be an expression of rational and appropriate demands from local residents to preserve the ecology and quality of life for their communities, particularly with respect to the planning of "locally unwanted land uses(LULUs). Accordingly, rethinking NIMBYism entails several implications for planning of LULUs. Until the 20th century many planners considered only "functional rationality" in their decision making, in a confrontational "us versus them"process of "decide-announce-defend(DAD)". I believe, however, that a fair, voluntary, and negotiated process of alternative dispute resolution(ADR) based on consensus building is the means to resolving these disputes. A voluntary process is more desirable and feasible than a coercive one, making ADR well worth pursuing. From this perspective, I explore several factors which affect the resolution of environmental disputes. I suggest three main factors as follows: i) extension of citizen participation, ii) enhancement of equity, and iii) building of trust. Alternatives are presented based on these factors.

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