• 한국중재학회지:중재연구
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• 제28권2호
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• pp.67-89
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• 2018

An arbitration has great strength in the sense that it is a more rapid dispute resolution than a trial, and is means of dispute settlement for an achievement of the purpose which is the improvement of the rights and interests of consumers. Because the remedy of consumers' damage currently has not worked well, discussions about consumer arbitration as a universal Alternative Dispute Resolution (ADR) is needed. The core of the ADR is not only the professionality and neutrality of an arbitrator and a mediator, but also the non-impairment of the arbitration proceeding's fairness. In addition, it also has both economic feasibility and efficiency. Furthermore, providing an institutional strategy is necessary to ensure fairness in an arbitration award.

• 유통과학연구
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• 제12권12호
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• pp.119-130
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• 2014

Purpose - Franchise industries are significant both socially and economically. However, with increasing interest, there are manifold problems. It is necessary to seek measures for mature operation constantly despite unprepared franchisors, negative perceptions of the media and society toward franchise, and rapid changes in business start-up trends and propensity to consume that make business start-ups difficult. The paper aims to explain the effects of relational commitment and performance on the franchisor's management characteristics and justice in the food service franchise system. Research design, data, and methodology - This is an exploratory survey examining franchising in Korea. Based on a literature synthesis, we extract five constructs: managerial characteristics, support, fairness, trust, and satisfaction. We hypothesize that these factors influence the trust, satisfaction, and performance of franchisees. To examine these hypotheses empirically, we conducted a survey on the database of the Franchising Council of Korea. The study employs data from May to September 2014. In total, 135 completed questionnaires were received, of which 128 were usable. The data was analyzed with SPSS/PC 22.0. First, to test unidimensionality and nomological validity of the measures of each construct, we employed a scale refinement procedure. The result of a reliability test with Cronbach's α and factor analysis warranted unidimensionality of the measures for each construct. In addition, nomological validity of the measures was warranted from the result of the correlation and regression analysis. By analyzing the data, we can confirm most hypotheses. Results - Frist, franchisor characteristics have a positive effect on trust and satisfaction. Second, franchisor fairness has an effect on trust and satisfaction. Third, franchisor support has an effect on satisfaction. Further, the franchisee trust has an effect on satisfaction. Fourth, the satisfaction of a franchisee with a franchisor affects the performance of a franchisee. Finally, there is a possibility that not only franchisee performance but also increasing the credibility and improving the image of the franchisor through communication between franchisor and franchisee can improve franchisees' performance and satisfaction by motivating the franchisee for sustainable growth. Franchisers should endeavor for franchisees to obtain stable revenue with continuous and practical support. They should recognize that they can expand their business by supporting their franchisees. Franchisors should not only instantly respond to franchisees' troubles with interactive communications but also raise the ability of supervisors for better support. Franchisors should share their visions and goals with their franchisees and provide systematic and continuous support based on trust and clear company management. Franchisees should understand franchisors' position as well as participate in establishing the basic franchise system. Contributions - The paper contributes to understanding franchising in Korea. It offers insights and assistance to franchisors hoping to start franchises. This paper explores measurement issues related to franchisee performance by estimating its determinant factors (managerial characteristics, support, fairness, trust, and satisfaction). This study provides franchisors and practitioners planning to extend their franchising business with some practical knowledge.

• 한국중재학회지:중재연구
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• 제32권1호
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• pp.71-91
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• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

• 한국산학기술학회논문지
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• 제19권12호
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• pp.515-522
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• 2018

한국의 경제 상황이 악화되면서 소비가 침체되고 있다. 특히 최저임금 인상, 글로벌 경쟁 상황의 심화 등 다양한 국내외 변수들로 인하여 일반 국민들의 소비 성향과 구매 의도 역시 현격하게 낮아지고 있다. 이러한 상황에서 크라우드 펀딩이라는 새로운 투자, 유통 채널의 등장은 창업 초기의 기업들에게 큰 성장 동력을 제공하고 있으며, 새로운 유통채널로서 소비 증대 효과도 기대할 수 있는 상황이다. 본 연구에서는 리워드형 크라우드 펀딩 진행 시 고객이 느끼는 서비스 실패와 회복 과정에서의 공정성을 절차적 공정성, 상호작용적 공정성, 분배적 공정성의 세가지 영역으로 구분하고, 고객이 인지한 공정성이 만족도와 충성도에 미치는 영향을 살펴 보았다. 이러한 연구 목적을 달성하기 위하여 리워드형 크라우드 펀딩에 대한 조사와 분석을 진행하였고, 서비스 실패와 화복을 경험한 고객들이 느끼게 되는 공정성이 만족도와 충성도에 긍정적인 영향을 끼친 것으로 나타났다. 특히 고객의 만족도에는 상호작용 공정성이 가장 큰 영향을 끼쳤으며, 고객의 충성도에는 분배 공정성이 가장 큰 영향을 끼친 것으로 나타났다. 따라서 크라우드 펀딩사는 서비스 실패를 경험한 고객이 공정성을 느낄 수 있는 회복 전략을 실행하도록 노력해야 한다.

• 한국어학
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• 제74권
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• pp.169-197
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• 2017

The purpose of this paper is to seek the development direction of the studies on improving of broadcasting language, by examining the fruits and the limitations of existing research. Firstly, this paper makes sure that the study on improving of broadcasting language is one of the subtypes of study on broadcasting language. Then the current state of the studies on improving of broadcasting language is analyzed by genre, problem, and assessment standard. According to this analysis, existing research is concentrated too much in certain genres such as current affairs and news, but also in certain problems such as accuracy or publicness infractions. Finally, this paper concludes by suggesting three development directions of the future studies on improving of broadcasting language as follows: (1) Accuracy or publicness related problems need no more studies on themselves but continuous and systematic monitoring and institutional device. (2) We need more interest and research on language used in certain genres such as TV home shopping and commercial break. (3) Fairness or soundness related problems need more studies on themselves, because the judgement or assessment standard of these problems is not only difficult to find out, but also in need of viewer and listener awareness investigation and social agreement procedure.

• 한국통신학회논문지
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• 제33권1A호
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• pp.59-66
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• 2008

지금까지 연구된 대부분의 동적 스펙트럼 할당(DSA) 방식들은 서로 다른 네트워크을 운영하는 다중 네트워크 운영자(network operators: NOs)들 간의 시간적으로 또는 공간적으로 변화하는 트래픽 요구 변화량에 따라서 기대할 수 있는 동적 스펙트럼 할당방식의 이득에 대한 것이었다. 본 논문에서는 스펙트럼 공유(sharing)와 할당과 연계된 기능적 엔티티(entities)에 대해서 소개하고, 다중 네트워크 운영자들 간의 장기간(long-term)의 우선순위(priority), 다중 서비스 클래스간의 우선순위 및 긴급 대역폭 요구(bandwidth request) 등을 고려한 스펙트럼 할당 알고리즘을 제안한다. 제안한 우선순위 기반의 DSA 알고리즘은 네트워크 운영자간의 각기 다른 다중 서비스 클래스의 트래픽 패턴에 대해서 기존의 고정 스펙트럼 할당방식에 비해 우수한 사용자들의 만족율(satisfaction ratio: SR)을 제공함을 보였다. 따라서 제안한 알고리즘은 다중 네트워크 운영자간의 서비스 클래스에 대한 공평성(fairness)을 제공함과 동시에 사용자들의 대역폭 요구(bandwidth request)에 대해서 효율적인 타협(negotiation) 과정을 제공할 수 있다.

• 한국중재학회지:중재연구
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• 제21권1호
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• pp.183-213
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• 2011

China and North America have been South Korea's biggest trading partner long time. As the volume of trade has been increasing, the disputes between Korean companies and Chinese Companies and between Korean companies and North American Companies have been increasing. If these disputes are settled by Arbitration, the parties appoint arbitrators who are empowered to proceed the arbitration procedure and have a power to render an arbitral award. Accordingly, it is very important for the parties to select who is an arbitrators in Arbitration. But if the parties doubt their arbitrator(s)'s fairness and independency, they can discharge them in accordance to law and arbitration institute's rules. In comparison with arbitrator system for way of selection and discharge among Korea, China and North America, some differences are found. First, if parties fail to appoint co-arbitrators or the presiding arbitrator by a mutual agreement, the court has the right to appoint them or him in Korea and North America whereas the Chairman of CIETAC choose him in China. Second, the authority to decide whether arbitrator is discharged owing to his fairness and independency, depends on arbitration institute and court in Korea and North American whereas it depends on the Chairman of CIETAC only.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.137-160
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• 2014

These days, in line with the increase of opportunities in our country's firms to do transaction, large-scale M&A and investment with foreign firms incorporating arbitration clauses in the contracts have become general practice. Recently, Singapore has come to the fore as a place of arbitration and, particularly, Singapore International Arbitration Center (SIAC) was assessed as the favored international arbitration institution uniquely in Asia at the 2010 International Arbitration Survey: Choices in International Arbitration, along with the ICC, LCIA, and AAA/ICDR. Therefore, the country's firms need to understand properly the international arbitration procedure of Singapore. This study examines the international arbitration system of Singapore, focusing on the arbitration procedure of the SIAC. The Center revised arbitration rules twice in 2010 and 2013, and established the Court of Arbitration of SIAC in April 2013 for the first time in Asia in pursuit of stricter neutrality and promptness. It further seeks to run the arbitration procedure fairly by selecting a third country's people as an arbitrator, while its arbitration expenses are cheaper than those of the ICC. The study believes that for the country's international arbitration institutions such as the KCAB to jump forward as a world-class international arbitration institution, the Korean government should render positive support to them, learning from Singapore which does not spare any political and financial assistance to cultivate international arbitration institutions. On the other hand, KCAB should also try hard to improve in the aspects of neutrality, fairness, and promptness and to be selected as a trustworthy international arbitration institution by firms in Asian countries.

• 한국중재학회지:중재연구
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• 제29권4호
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• pp.187-210
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• 2019

This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

• 한국중재학회지:중재연구
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• 제25권4호
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• pp.25-49
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• 2015

That the arbitration will begin with an arbitrator to be done by the arbitrator is not too much to say. The arbitrator shall have a decisive influence on the outcome of an arbitration in any arbitral right to award arbitration. As demonstrated in sayings like "Good arbitration is a good arbitrator" and "Arbitration is as arbitrator", professionalism and fairness are the basis for the arbitration procedure. Parties qualifications and authority of the arbitrator shall be a dispute-resolution process, requiring special attention and special care because the careful review of the arbitration award itself exerts a significant influence on the selection of an arbitrator. Therefore, this paper, first, analyzes the meaning of international arbitrators as a general overview of international arbitrators, qualifications, etc. and looks for focuses of the role. Next, the purpose of this paper is to seek ways to expand trade and international arbitration institutions in international transactions by examining training plans such as for international arbitrators.