• Journal of Arbitration Studies
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• v.21 no.3
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• pp.89-114
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• 2011

Environmental disputes not only possess the special characteristics of collectivity and plural value relativity but it also possesses the unique features of difficulty to prove cause and effect as well as the structural maldistribution of evidence and information. Therefore, the positive resolution of an environmental dispute can be brought about more easily with the Alternative Dispute Resolution (ADR) which can take the form of talks, compromises, as well as arbitration or mediation rather than through a trial process. Such being the case, this paper first looks into the problems and effectiveness of the arbitration system of environmental lawsuits and then takes an even closer look at Korea's environmental dispute arbitration system and finally offer some reform methods. In Korea, the environmental dispute arbitration system was implemented in 1991 and has been executed since then. Although this system does have positive features such as the high rate of coming to an agreement between the involved parties but unfortunately, most of the cases rely on decisions based on right and wrong which cannot but be far away from the intentions of the ADR system. It is heavily centered around claims regarding psychological compensation regarding noise and vibrations and the ratio of the actual amount of compensation is comparatively lower than the requested amount. In addition, with the limits in organization and manpower, it leads to a lack of professionalism as well as the problem of low usage with the low awareness rate. As reform measures against the aforementioned problems, this paper suggests the following. First, in order to activate the arbitration process more fully, it proposes aggressive usage of compulsory arbitration as well as submission to arbitration, while at the same time raising ADR professionals to fill in the missing gaps. Secondly, in order to overcome the problem of concentration of related cases, making representative lawsuits of environmental organizations would be a good idea. It also states that in order to make the compensation amount more realistic, it should go out of the across-the-board decision making process and reach a decision about the compensation amount that takes the individual situation's dispute into consideration. In order to boost the professionalism of the environmental dispute arbitration, it is necessary to reform the organization and manpower such as expanding the number of members of full standing, and increasing the professionalism of the examiners. Also, to increase the usage rate of the ADR system, the paper suggests stationing a civilian consultant regarding environment, or activating the compulsory arbitration which is the premise for public participation on the part of the residents.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.53 no.1
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• pp.19-40
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• 2017

A scientific and objective sound exposure criterion for underwater sound damage on fish has been required since there has been many disputes between an underwater sound maker and a fish damage receiver. The existing criteria are still incomplete scientifically owing to a degree of variability of underwater sounds, diversity of fish hearing sensitivity and damage types, etc. This study reviews existing studies on a hearing mechanism of fish species, manmade underwater sound characteristics and sound exposure assessment parameters, and recent sound exposure criteria. A governing equation for damage coverage estimation and damage coverage dependency on sound source level, ambient noise and transmission loss are also reviewed and interpreted based on sound exposure environments. The foreign and Korean (National Environmental Dispute Medication Commission) criteria are reviewed and compared based on scientific aspects. In addition, the deficit and limit of Korean criteria are presented. The objective of this study is to give a direction for related researches and legislation of sound exposure criteria on fish.

• Journal of the Korean association of regional geographers
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• v.21 no.3
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• pp.474-488
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• 2015

Conflicts in the construction of large public facilities carried out as national projects are crucial issues we have to deal with. There are growing concerns for and oppositions to large construction projects in terms of environmental deterioration and the dissolution of local communities. In the case of projects that promise the creation of jobs and investment, the competition and disputes are increasing and being intensified. Therefore, there is a considerable amount of study on the competitions and conflicts between regions. Previous studies have focused on the procedures of public policy, governance structure, the role of local media. Contrary to the previous studies, this study investigates the spatial ways of constructing conflicts. Based on the analysis of the project of "Southeastern New International Airport", there is a mismatch between the spatial boundary of cost/benefit and agents (regions) of disputes. The agents of conflicts also show the politics of multiple scales by constructing alliances and breaking the network in the process of the airport project. The findings suggest that the conflicts on regional development should be understood as the construction of dynamic regional politics on regional development rather than as the by-product in the practice of policies.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.23 no.2
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• pp.175-183
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• 2023

In a broadcasting market environment that has a close interdependence between platform operators and content operators, problems such as conflicts over program usage fees, and home shopping transmission fees are intensifying. This study attempted to analyze the environment of the domestic broadcasting market and present implications, analyze the cause of user fee conflict between the platform and PP, and propose detailed alternatives to resolve user fee conflict disputes. The results of environmental analysis on the domestic broadcasting market are as follows. First, the growth engine of the broadcasting industry has changed to direct resources such as service usage fees and content fees, and commerce is increasing. Second, as hegemony in the domestic broadcasting market changes from terrestrial to paid broadcasting and OTT, monopolies in the entire broadcasting area are being dismantled by voluntary entry. Third, the need to overhaul the existing regulatory system is increasing due to the dismantling and reorganization of the existing broadcasting market. On the other hand, this study proposed a strategy to diversify the profit structure of PP, supply program after pre-contracting, and strengthen CPS bargaining power in order to resolve disputes between paid broadcasting platforms and PP sharply. In particular, as strategies to strengthen CPS bargaining power of small and medium-sized SOs, it proposed to jointly improve CPS-related systems through IPTV and individual SOs, to redefine fees for programs and to voluntarily use programs.

• Journal of Science and Technology Studies
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• v.4 no.1 s.7
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• pp.59-82
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• 2004

Nanotechnology is a rapidly expanding field, focused on the creation of functional materials, devices, and systems through the control of matter on the nanometer scale. Recently many countries including Korea are rushing into promoting research and development of nanotechnology. Because the nanoscale is not just other step toward miniaturization, but a qualitatively new scale, progress in nanotechnology will have very far-reaching social, ethical, and environmental impacts. This paper aims to examine social issues and implications of nanotechnology development. To do so, this paper divides the issues around nanotechnology into several sub-issues: environmental, health-related, and societal issues. And then this paper reviews the debates and disputes around those sub-issues. Based on this review, this paper proposes some policy recommendation.

• Journal of Korean Society of Environmental Engineers
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• v.29 no.4
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• pp.397-403
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• 2007

This paper presents the results of a case study of a dispute for the damage of the right to sunshine between B and W Apartment Complex in the N city. Recently a number of disputes for the right to sunshine increase in urban areas because the residents' demand for pleasant residential environment is getting stronger. In particular, problems related to sunshine, which were not recognized during the construction, have come up to the surface over time as people's concern over residential environment is growing. According to a recent interpretation of the right to sunshine in urban areas, moreover, there have been a series of legal decisions starting that damage of the right to sunshine to neighboring apartments must be indemnified for even if the violating apartment was designed and constructed legitimately according to relevant construction laws applied when the building was constructed. Thus this study examined the effects and the scope of damage on the right to sunshine through a case study in order to provide basic materials necessary to rope with related civil affairs.

• Journal of the Korean Geographical Society
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• v.39 no.2
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• pp.171-194
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• 2004

The antebellum American South has been characterized by the lingering backward images of plantation, slaves and cotton. The South specializing in the cotton cultivation is compared with the manufacturing East and the breadbasket Midwest. Douglass North who examined the interregional trade assumed that the South up until 1860 relied on the Midwest for the foodstuffs. Statistical and literary evidence, however, disputes the North's model, showing instead that the southern region attained self-sufficiency in foodstuffs at least in the late 1830s or early 1840s. The South's food self-sufficiency is attributable, to a greater extent, to the region-wide environmental movement of scientific agriculture launched to address the aggravating soil problems from cotton monoculture. Diversification and crop rotation lied in the center of the new regime. The new agricultural system combining com, cotton and cowpea ensured the procurement of hoecake, hog meat, and cotton. The most significant outcome of the good farming regime, however, was the enhanced environmental consciousness which came to prevail the best farmer's reckless rush for profit maximization.

• Journal of Korea Port Economic Association
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• v.34 no.4
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• pp.161-180
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• 2018

Environmental value is essential to the survival and development of humans. Environmental value and its importance are being emphasized, and related disputes are being expanded. The concept of green logistics is understood to be the same as that of the environment. As a way to preserve nature and engage in sustainable development, green logistics includes all logistical activities for protecting nature and minimizing or reducing behaviors that harm the environment for all processes, including using and reusing products and abolishing the search for resources by final users. All areas of human activity, such as the political, economic, social, and cultural sectors, strive to protect and preserve the environment and nature. In particular, the preservation of the environment shall be stressed in the economic activities that produce various products and expand the value added, and similarly for the social aspects. Green (environment) logistics aims to protect the environment and expand the prevention of environmental destruction and minimization on Earth. Some important cases and experiences that were introduced and applied in major countries are summarized. This research reviewed previous studies and the concepts of green logistics, including at ports, which represent a key sector of logistical activities. In this paper, air and water pollution at Incheon Port were investigated, and alternatives and system figures related to improving environmental logistics regarding three dimensions-country, company, and civil society-are recommended.

• Korean Journal of Construction Engineering and Management
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• v.11 no.3
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• pp.55-63
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• 2010

Although the environmental conflicts regarding noise and vibration are continually increasing during construction, noise and vibration occurring in construction are only managed in construction phase. Noise and Vibration occurring in construction are considered to be insufficient, so we find that noise and vibration management in design phase has to be operated for reducing. The objective of this paper is to present noise and vibration management lists to consider in design phase for enhancing efficiency in noise and vibration management and to develop the appraisal sheets for designers to evaluate and the manuals to easily use management lists. To achieve this, we identify the noise and vibration management lists to consider in design phase through analyzing the previous literatures and confirm the 9 lists through conducting a research with experts in environmental area for verifying the propriety of lists. Also, this study applies to AHP technique to identify the priority and the weight evaluation among the lists. Through this study, we identify the most efficient lists, including from the low noise and low vibration methods, the noise and vibration reduction by blasting works, the installment and the arrangement of noise and vibration control equipments, for noise and vibration management in design phase. The achievement of this study will help to prevent the environmental disputes and conflicts in advance and will consider utilizing for the successful construction project.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.9
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• pp.240-246
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• 2019

The noise generated by construction machinery operating at construction sites is a major cause of environmental disputes with nearby residents. To reduce construction site noise, low noise construction machinery and low noise methods are recommended to be used first. In addition, the possible noise should be predicted and preventive measures suitable for the noise source should be taken. This study analyzed the sound power level of an excavator, which is used most frequently at construction sites. The sound power level of 297 excavators sold in Korea after 2008 were analyzed and the sound power level was classified according to the type, output (kW), and production site of the excavator engine based on the measured data. As a result, the sound power level decreased by 1 dBA depending on the change in engine type and the sound power level increased by approximately 3 dB (A) when the engine output was doubled. In addition, the sound power level was low in small-sized products of less than 55 kW for overseas products and medium and small-sized products of 55 to 104 kW for domestic products.