• 한국중재학회지:중재연구
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• 제20권2호
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• pp.151-171
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• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• International Journal of Human Ecology
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• 제15권1호
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• pp.38-50
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• 2014

The purpose of this study was to explore Korean divorced mothers' experiences with child support. The data were collected from 17 Korean divorced mothers who were divorced between the years of 2004 and 2009 and were raising at least one minor child. Data were analyzed based on the inductive data analysis method. Most mothers negotiated to receive child support from noncustodial fathers without experiencing much conflict with the fathers at the time of the divorce, but only five mothers received child support at the time of the interviews. The mothers experienced difficulties in receiving child support from the fathers under the child support policy in Korea that treated child support as a personal issue and provided little systemic support for child support. Regarding required parenting agreements, most of the mothers acknowledged the need to have parenting agreements but they still wanted voluntary payment of the child support from the fathers. The results suggest that it is necessary to expand parenting education for divorced parents to encourage voluntary participation in parenting and to improve the child support policy by introducing child support guidelines and enhancing child support collection systems.

• 환경정책연구
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• 제9권3호
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• pp.115-142
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• 2010

최근까지 선진국 및 주요 개도국이 발표한 2020년까지의 자발적 온실가스 감축목표를 Global CGE모형을 활용하여 분석한 결과, 선진국의 온실가스 배출량이 2020년까지 1990년 대비 약 14.0% 감축하는 데 그칠 것으로 분석되었다. 따라서 기후변화 문제 해결을 위한 선진국의 선도적 역할과 역사적 책임이라는 측면에서 그리고 Post-Kyoto 협상의 타결을 위해 선진국의 자발적 감축목표의 상향조정의 필요성이 대두되었다. 한편 개도국의 자발적 감축목표 이행은 전 세계 온실가스 배출량을 BaU 대비 약 15.9%까지 감축하는 데 기여할 것으로 분석되었으며, 이는 중국과 인도의 참여가 크게 작용하였다. 이와 같은 결과는 향후 Post-Kyoto 체제의 환경적 효과성을 높이기 위해 선진국의 감축목표 강화와 더불어 개도국의 광범위한 참여와 의미 있는 수준에서의 온실가스 감축행동도 동시에 필요함을 시사한다. 한편 선진국과 주요 개도국의 자발적 온실가스 감축목표의 이행은 전 세계 실질 국내총생산을 1.18% 감소시킬 것으로 분석되었다.

• 항공우주정책ㆍ법학회지
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• 제9권
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• pp.277-298
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• 1997

Air transportation industry was established on a basis of liability limitation from the outset. Many treaties, however, had to be drafted since 1960' s to meet the need of the Unites States, who argued full compensation without limitation like other torts cases, but most of them were in vain. The Japanese Initiative in 1992, though being aimed to lower a level of compensation in air crash cases to that of other transportation accidents, showed a way to the U.S. how to solve the issue. Instead of obtaining an multilateral agreement through ICAO, the U.S. persuaded IATA to organize intercarrier consensus for voluntary waive the limitation. IATA succeeded in adopting Intercarrier Liability Agreement in 1995, in which carriers agreed not to use Warsaw limitation and accepted strict liability up to 100,000SDRs. Through a series of negotiation to implement the Intercarrier agreement, US DOT tried to insert a domicile standard provision to the agreement which enable US victims to be compensated according to the law of the U.S. regardless of the situation. IATA opposed the intent aggressively. The U.S. set back to the starting point remaining issues for further discussion. The liability limitation under the Warsaw system is being collapsed. It is the result of a simple logic; liability limitation cannot be maintained without appropriate compensation.

• 한국중재학회지:중재연구
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• 제23권3호
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• pp.61-80
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• 2013

The U.S. Supreme Court delivered a decision on the case between AT&T and Concepcion, which confirmed the contractuality of a defense as a threshold to distinguish between what is a viable defense for invalidation of consumer arbitration agreement and what is not. In this paper, the adhesiveness of arbitration clause, which is a unique character for consumer arbitration, is investigated in the U.S. as a legal defense to invalidate the consumer arbitration agreements, and its contractuality and related legal doctrines are analyzed. The legal issues of consumer arbitration have been analysed in several legal perspectives including the voluntary, knowing and intelligent doctrine, doctrine of separation, contract of adhesion and the contractuality of defenses. Among all of these, the first three issues are related with arbitration clause, and the last one, the contractuality of defenses, reflects the nature of defenses invalidating the consumer arbitration agreement.

• 통상정보연구
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• 제11권1호
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• pp.379-403
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• 2009

The Purpose of this study is to research the problems of trade restriction for an environment protection. Environmental regulation relate to trade are Convention on International Trade in Endangered Species of Wild Fauna & Flora, Montreal Protocol on Substances that Deplete the Ozone Layer, Kyoto Protocol to the UN Framework Convention on Climate Change, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes & Their Disposal, Cartagena Protocol on Biosafty and WTO Agreement. Regulatory action for environmental protection has economics instrument, command & control, liablity, damage compensation, voluntary agreement. In the case of our country, impact of regulatory action for environmental protection is low. Because is recognized position of developing country yet. For in the balance rules of trade and enviroment, First must satisfy WTO's basic principles and principle of quantitative restrictions prohibition, Second, operation of protection action must reasonable and objective standards Third, must satisfy GATT article 20 (b) clause and (g) protestation each essential factor To grow for environment advanced country, we should do i) using of FTA ii) international cooperation strengthening for developing country position iii) construction of environment information network

• 산업경영시스템학회지
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• 제5권7호
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• pp.63-72
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• 1982

The objective of this study is review effective business reorganization measures for tackling financial difficulties for financial managers. The major cause of business failure is incompetent management. Business failure occurs when a company is unable to meet its current obligations, or the net worth of the company is negative : usually the signs of business failure are predictable in advance of its actual accurrence. Discriminant analysis as well as other analytical tools - profile analysis, dichotomous analysis, analysis of likelihood ratios - have been used to predict business failure on the basis of various financial ratios , among those, discriminant analysis has been tell known an excellent technique in predicting business failure. The first question to be raised is whether the business is better off, dead or alive. Assuming the decision is made that the firm should survive, reorganization procedure should be considered. The informal procedures of voluntary settlements used in reorganization are extension : composition and liquidation by voluntary agreement. Unless this settlement is possible by those means, the case goes to the courts for 1ega1 solution. If the court decides on reorganization rather than liquidation, it will appoint a trustee to control the firm for reorganization and to prepare a formal plan of reorganization. the plan must meet the stand of fair, equitable and feasible. In that case, the court will approve the plan.

• 한국중재학회지:중재연구
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• 제21권1호
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• pp.33-56
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• 2011

Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

• 한국중재학회지:중재연구
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• 제17권2호
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• pp.189-219
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• 2007

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

• 한국중재학회지:중재연구
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• 제23권2호
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• pp.37-54
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• 2013

This article focuses on integrating institutional mediation systems, especially the analysis of the leading ADR operation. Mediation is a process in which an impartial third party, a mediator, facilitates the resolution of a dispute by promoting voluntary agreements by the parties to the dispute. A mediator facilitates communications, promotes understanding, focuses the parties on their interests, and seeks agreement. These standards give meaning to this definition of mediation. Standard mediation clauses are construed as broadly as possible, and mediation is compelled unless it may be said with positive assurance that the mediation process is not susceptible to an interpretation that covers the asserted dispute. Performing the conflicts check early in the process helps in eliminating any awkwardness or delays caused by making disclosures after mediation commences. Mediator impartiality is central to the mediation process. A mediator should mediate only those matters in which she or he can remain impartial and evenhanded. If at any time the mediator is unable to conduct the process in an impartial manner, the mediator is obligated to withdraw.