• Journal of the Korea Institute of Building Construction
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• v.21 no.4
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• pp.257-268
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• 2021

This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.79-106
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• 2013

The world is significant increasing investment volume into developing countries from foreign investors. Foreign financial capital is searching in interesting place among the emerging market. However foreign investors put still their experience in the economical and social crisis with political risks in the host countries. MIGA entered into the political risks insurance market which has one of the basic matter of sponsored the private investment guarantee programs. They put guarantee or covering risks of currency inconvertibility, expropriation, breach of contract and political violence. In the case contracts of guarantee concluded between investor and MIGA which are disputes in relation to such MIGA service contract, it should be settled by negotiation, conciliation and arbitration under the convention establishing the Multilateral Investment Guarantee Agency(MIGA). All disputes within the scope to states and investor of MIGA members shall be settled in accordance with the procedure set out in the convention. Recently, MIGA is opening the office in Seoul to strengthen joint efforts between MIGA and Korea. It will be a good chance to consider sustainable improvement and dispute solutions for emerging countries in foreign investment to the korean investors.

• The Journal of Fisheries Business Administration
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• v.44 no.3
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• pp.1-14
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• 2013

This study considers an approach for subregional fisheries organization in Northeast Asia. The fishery resources in the Northeast Asian waters surrounding Korea are among the most productive in the world because of their extremely high biological productivity and the natural features of the sea. However, the fishery resources of the region have long been subject to heavy fishing pressures, and many stocks are now believed to be seriously depleted or even in danger of extinction because of overfishing. To move to a run sustainable fishery in Northeast Asia waters area, cooperative fisheries management between Korea, China and Japan for common resource is probably necessary. Cooperative fisheries management is likely to be more effective in fishery resources management than individual fisheries management by countries. The effects of fisheries management by regional cooperation can be divided into resource management and economical performance. Cooperative fisheries management as RFO will bring satisfactory results. Currently these jurisdictional extensions and resulting disputes over maritime space and resources were thrust upon an already transitional and unstable political environment. However, They have to have a strategic approach for RFO establishment step by step. Cooperative fisheries management using the RFO can mitigate these disputes, and cooperative bilateral fisheries arrangements have been proliferating over the past 10 years and may provide the basis for possible trust-building multilateral agreements.

• The Journal of the Korean dental association
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• v.53 no.2
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• pp.96-102
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• 2015

There is a need to comprehend dental accidents accurately, and construct patient-safety-system in order to prevent consistently increasing dental accident or dispute. This study is aimed to provide basic data for an efficient counterplain by looking through and classifying already occurred dental accidents from an angle of patient safety. Recently, the number of dispute on dental implant was the highest according to rapid growth of dental implant. As a result of classifying dental accidents by International Classification for Patient Safety (ICPS), it is confirmed that cause of accident is different by each type of dental treatment. It is expected to help preventing and managing dental disputes properly by studying actual state of dental disputes in perspective of patient safety. Effort to reduce dental accidents and activity to pursue patient safety have thread in connection. I believe that financial profits of dental clinic and improvement of quality in dental treatment can be achieved through these efforts.

• Journal of the Korean Society of Clothing and Textiles
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• v.44 no.6
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• pp.1120-1138
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• 2020

This study focused on the increasing fashion industry disputes that have resulted from the development of technology and industry. This study examines the improvement of domestic law, along with U.S. precedents that represents a larger fashion market and more legislative cases than Korea. Analyzing previous studies in Korea and the U.S. for theoretical background, it has uncovered limitations that apply to fashion design-related cases, rather than entire lawsuits involving various fashion industries. This study divided litigation into lawsuits involving products, human resources, and other lawsuits (such as incidents such as breach of contract, and portrait rights). Therefore, most lawsuits are related to products because of false socio-cultural perceptions about design imitation in the fashion industry. Lawsuits related to human resources are expected to arise due to the expansion of the Korean fashion industry and the expansion of overseas markets. Finally, new and unexpected conflicts will arise as the environment and social structure diversify. The importance of this study is that real case analysis can help reduce disputes because it can resolve legal instability due to the ambiguity of the interpretation of current law and suggest implications for dispute resolution.

• Cross-Cultural Studies
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• v.30
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• pp.31-51
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• 2013

In this paper, I approach corporate social responsibility as a discourse metadiscursively shaping the social relationship between corporations and society. Using a discourse-centered approach to culture, I examine how early discussions (involving legal disputes) on the rights of corporations to give evolved into a public sphere discussion as to how corporations can be viewed and redefined as social actors with capabilities to perform socially meaning actions, which here is "responsibility." I discuss how corporate social responsibility currently operates as a metadiscourse of corporate personhood, ethics, and corporate citizenship. Then, using insights from Mauss, I analyze how corporate social responsibility might be comparable to a Maussian gift exchange. Corporate social responsibility actions that are performed, indeed, are gift exchanges in that they involve the ideology of the free gift and the implicit expectation of a return to the giver. In the meantime, I argue, that in the case of corporate social responsibility, it is not the act of giving gifts (e.g., grants) that can lead to social alliances but rather the talk of gift giving, a departure from the ceremonial gift exchanges observed by Mauss. That is, here, the talk of giving shapes social alliances, thus displacing this function from the act of giving itself. The PR strategies deploy talk of the gift as a metapragmatic strategy, inviting various forms of role alignment on the part of diverse, potential and actual, participants, in a framework of corporate-sponsored gift exchange in which potential recipients compete, again at the level of metapragmatic description, to become the chosen gift recipient.

• Korean Security Journal
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• no.11
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• pp.129-157
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• 2006

With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

• Journal of the Korean association of regional geographers
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• v.18 no.3
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• pp.310-325
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• 2012

Human being has used place names to differentiate one place from another. Place names are the products of collective human cognition in that a place name is chosen when it successfully represents the identity of a place. In addition, place names have been changed by the competition and struggle between social agencies and the political imperatives of hegemonic groups to impose their identity on the places. Recent geographic studies on place names have focused on the social and political processes behind the change of place names. In this vein, the purpose of this study is investigating the debates on the decision of city names in the process of the administrative reorganization in mid 1990s by the lens of political geography. Residents in cities and counties tried to justify their arguments by emphasizing historical backgrounds and popularity of their names. Additionally, economic power and potential were mobilized for the political resources to win over the battle over city names. The result, however, shows that the decision of newly consolidated cities' name was mainly made by the amount of political resources, such as population and number of seats in local assemblies. Several regions tried to use city names to negotiate with counterparts. In sum, the decision of place names is the product of political competitions, and the place name becomes the symbol of territorial identity. Place names have been in the center of disputes in local politics even after the name was decided, which suggest further studies on reasonable solution to mitigate the disputes to be expected when additional reorganization of administrative districts.

• Analyses & Alternatives
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• v.2 no.1
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• pp.31-69
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• 2018

This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

• Korean journal of communication and information
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• v.52
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• pp.5-26
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• 2010

This study explores how major Korean television evening news report, interpret and evaluate the Korean Grand Canal Project(KGCP). For this research, 488 news clips regarding the KGCP are selected among the MBC, KBS and SBS daily evening news. As a result, the findings are as follows: First, the ratios of analyzing reports for MBC, brief reports for KBS, and straight news for SBS are outstanding. At the same time, the three news companies show that they are against the KGCP through the reporting attitudes. However, the most frequently broadcasted news frames is the authoritative political execution for both MBC and KBS, and the political agenda for SBS news respectively. In terms of the most frequently interviewed group for all three news is the government and ruling Grand National Party; they are the most favor of the authoritative political executions and the political agenda news frames. However, the NGO groups and the opposition parties which are against the KGCP support "Process" in terms of the frames activity. Finally, MBC speaks out the frame activity of "Process", supporting the political opposition parties and NGO groups. On the country, both KBS and SBS speak up the government and ruling party, supporting the KGCP, stressing frame activity of "Aspiration". This it concludes that both KBS and SBS are short of the social responsibilities as a social media mediator for the social disputes between the government and the NGO groups, including opposition parties.