• Journal of Arbitration Studies
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• v.32 no.2
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• pp.135-157
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• 2022

Religion has a very close relationship with our everyday lives. In particular, religion maintains an absolute and ultimate value system and is deeply associated with all sectors of society such as politics, economy, thought, arts, culture, and science. The original meaning of religion in Buddhism means the teachings that become fundamentals. There are numerous religions around the world, and each religion has its own object of faith, different system, and unique rites and lifestyles. Therefore, evaluating or denouncing other regions based on the doctrines or conventions of a specific religion can lead to conflicts and disputes. The Buddhist Vinaya Pitaka related to alternative dispute resolution (ADR) is a method regarding the operation of a community. Vinaya Pitaka contains Buddha's teachings about individual and organizational ethics and on community life and activities. It is the Buddhist dispute resolution (BDR) of the Vinayata Pitaka that contains knowledge on howto remedy disputes among the four types of disputes that can occur. Vinaya Pitaka contains the principles and systems of BDR, and it is sufficient background for succeeding in the development of harmony today. The messages of laws, ethics, and Buddhist teachings are clear in these characteristics. The systems, progress, and procedures for various rites, events, and disputes as well as for everyday life, etc. display a rational operating system through karma. In particular, when disputes occur, the cause of the dispute is resolved as much as possible through transparent fairness and being unanimous using the seven remedies for disputes. Buddhist priests pursue private autonomy of ADR through karma, repentance, acceptance, etc. to maintain and continue the integrated functions of Buddhist priest harmony.

• Journal of the Korean Regional Science Association
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• v.12 no.2
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• pp.79-97
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• 1996

Local dispute resolution has evolved in response to the need for effective ways to cope with the increasing numbers and types of local disputes. Where resources are limited, where the activities of individeuals or communities affect other individuals or communities, and where interests deviate or compete, disputes are likely to emerge. Efforts to resolve local disputes vary in their particulars but generally have certain elements in common. Therefore, this study focuses upon the fundamental directions and strategies for resolving local disputes. More specifically, the purpose of this study is to examine the causes of local disputes, to suggest fundamental directions for resolving local disputes, and then to explore the strategies for resovling local disputes. In the face of rising local disputes, planners need to become more aware of the possibilities for consensual dispute than one potential path to consensus. In spite of this variability, desirable strategies in local dispute resoultion processes can be identified.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.81-107
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• 2014

ADR has recently been expanded, making it possible to solve traffic accident disputes, which is a matter of urgency for parties to avoid. This point serves as an important procedural element. Such disputes are an area that requires a quick resolution. To try to solve any dispute that occurs in the complex environment of modern times one-by-one through litigation does not make sense. It gives an undue burden on the judicial body and the investigation agency. Like litigation, today's arbitration system, should have effective conflict resolution. The arbitration of automobile traffic accident disputes can be seen as roughly adjusted through the insurance company, the Dispute Coordinating Committee, and the Crime Victims Protection Act. It consists of experts mainly, and the resolution of automobile traffic accident disputes can be resolved through the Sajonsa and workers insurance company. However, adjustments to failure incident mostly need attention. Most of a company's compensation insurance indemnity needs to be processed in practice. In addition, a vicious cycle of litigation and delay period is repeated if a lawyer is appointed. There are unreasonable adjustment systems in the midst of these. Avoiding traffic accidents allows parties to resolve disputes better. Arbitration of disputes in automobile traffic accidents handled by arbitration institutions is desirable. It is determined that the handling of a case by a village attorney is efficient.

• Journal of Environmental Impact Assessment
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• v.17 no.6
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• pp.381-391
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• 2008

The instances of the damage to livestock are increasing with frequent environmental disputes on the noise and vibration. This study analyzed 134 open cases dealing with the environmental disputes on livestock damaged by noise and vibration, and being intervened by National Environmental Dispute Resolution Commission. The environmental disputes on the noise and vibration account for 86% of all the disputes, and cases of the consequent damages to livestock have increased. As shown in the 134 cases, pig is the most lethal livestock attacked by the noise and vibration. During last 10 years, 89% of the noise damages hurting the livestock resulted from the noises pertaining to construction and 58% was due to the noise damages from the road constructions. The noise levels in the range of 70~80 dB(A) and the vibration levels of 70~75 dB(V) caused most of the disputes. The average rate of reimbursement for the livestock damages for the last 10 years was higher than the average rate of reimbursement of the total disputes intervened by National Dispute Resolution Commission.

• Health Policy and Management
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• v.1 no.1
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• pp.72-94
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• 1991

The number of disputes between physicians and patients caused by medical malpractice are showing a sharp increasing over the past several years. The disputes on medical malpractice may be resolved either in court or by direct negotiation between both sides concerned. There are no special acts relating to the civil or penal liability of the physicians in Korea. The medical disputes are decided merely through legal technicalities and without reference to actual medical practice. The current system which does not compensate injured patients adequately or equitably leads to taking a long time consuming for dispute resolution processes. The things make worsed, the problem is due to not being of insurance system or a proper funds for compensation. This research proposes a outline of new and comprehensive alternative for these problems and failure of conventional resolution of medical disputes. So far, we have learned lessons from the excperiencies of resolving medical malpractice disputes of Japan and the United States. The proposal first calls for an administrative arbitration and pretrial screening panels as a condition precedent to trial. The proposal also includes to facilitate with the funds for compensating the injured.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

• Journal of Arbitration Studies
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• v.26 no.1
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• pp.73-87
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• 2016

Activation Plan for International Health Care through the Resolution of Medical Disputes with Foreign Patients. The field of international health care is currently being expanded and developed into the new industrial field of medical tourism through the convergence of medicine - a public sector - and tourism - a private sector. This study examines problems with medical law regarding the prevention of medical disputes that may occur when attracting foreign patients and the resolution of these disputes. It also introduces the current most ideal resolution plan for medical disputes. Advanced measures for the prevention of medical disputes with foreign patients are as follows: First, when conducting international health care, the obligation to explain a medical treatment should be applied at higher standards for foreign patients. Second, all medical treatment procedures, including appointments, treatments, discharge, post-operation consultations, and follow-up treatments of foreign patients should be charted and recorded. A checklist regarding precautions for each procedure along with a response manual for problems should also be established. These regulations can prevent unexpected conflicts in advance when medical disputes occur. If a medical dispute with a foreign patient occurs despite thorough advance prevention, it can be resolved through reconciliation, mediation, and arbitration. The government and the medical field along with its related industries and authorities should put their efforts into developing these priori/posteriori measures for the activation of international medical health care. The laws and technological/human capabilities in medicine should also be improved in order to activate international medical health care.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.27-57
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• 2013

Traditionally construction has been an industry that favoured ADR over formal litigation due to the complexity of technical issues. However, over the past decade construction arbitration has come under increasing attack for its rising costs and growing delays, and expansion of arbitration processes to the point that those processes are approaching the more complex and formal processes followed to resolve disputes litigation. As a result, parties are looking for new methods of resolving their disputes in a more efficient and economical manner, such as ODR. A review of the history of ODR and the practical applications of ODR in use today lead to the conclusion that the concept of ODR for construction dispute resolution appears to be possible and realistic. The advantages seem to outweigh the disadvantages, especially given the solutions suggested to overcome many of the disadvantages. While ODR may not be a realistic venue for large complex construction cases, it may be just the ideal venue for smaller and simple construction disputes. In conclusion, given the advantages that ODR arbitration does offer, the most realistic use of ODR in the short term would involve disputes consisting of a simple, one-dimensional dispute within which the parties can stipulate to the facts in the case. In such simple disputes ODR may be not only an appropriate vehicle within which the dispute can be resolved; it might be more easily accepted by the parties as the preferred platform for resolution. Hopefully, international institutions of arbitration will be successful in their development of a international standards and platform fir disputes that can be adapted for use in construction and will serve as the first step in developing ways to handle small construction claims, thereby allowing parties to resolve their disputes in a faster and more economical manner.

• Journal of Arbitration Studies
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• v.23 no.2
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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.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.91-113
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• 2019

The fashion industry has been growing in Korea, but the law and the dispute resolution have been less than effective so far. Copyright and patent law have proven only minimally effective in fashion, ending up with designers and fashion companies relying on their trademarks to protect their design. Litigating trademark disputes in the fashion industry presents a host of problems and leads to resorting to the Alternative Dispute Resolution (ADR). ADR methods, especially arbitration, however, are emerging as substitutes to litigation. Using these methods, the fashion industry should sincerely consider a self-regulating program in which its members-both fashion designers and corporations alike-can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem. From 2016, KCAB's Fashion Industry Dispute Advisory Committee (FIDAC) for ADR has promoted a better solution for disputes in the fashion industry. Therefore, stakeholders in the fashion industry should commit to procuring innovation in fashion on a long-term basis by establishing a panel handling an alternate dispute resolution process. The ADR process can mitigate the uncertainty created by relevant legislation or any other disputes, which could result in shying away from any business in the fashion industry.