• 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.

• 유통과학연구
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• 제13권10호
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• pp.93-99
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• 2015

Purpose - It has been argued that the regulations restricting entry and opening hours of General Super Markets and Super Super Markets have not been as effective as expected. In contrast, the win-win item scheme that appeared recently has the advantage that it could raise the effectiveness of the system in that win-win items are in principle resigned on the basis of bilateral agreements. This study analyzes the win-win item agreement made between Homeplus at Hap-jung and small traditional markets to examine the practical effectiveness of the win-win item scheme. While existing literature studying the regulatory effects have concentrated on the restrictions around store entry or opening hours of large retailers, it can be said that there have been few empirical studies on the effect of win-win items agreement with large retailers. Research design, data, and methodology - Homeplus at Hap-jung made a win-win items agreement with nearby small traditional market traders in 2013. In accordance with this voluntary agreement, Homeplus started by limiting its sales to 15 win-win items. The survey was conducted through one-on-one interviews, April 14 to May 2, 2014, by a professional public opinion research agency. The interviews were targeted at small business retailers in the nearby traditional market. We divided the traditional markets near Homeplus at Hap-jung where the win-win item agreement was achieved into two groups, win-win item agreement markets and non win-win item agreement markets, to compare the performance difference between the two groups. Results - To determine the change in sales of the 15 win-win items, we examined the performance difference between the two groups using two criteria (compared with similar items, and compared to sales volume a year ago). The results show that the individual sales of win-win items in the win-win item agreement markets are more likely to increase than in the non win-win item agreement markets. Total sales volume of individual stores in the agreement markets also showed a more significant increase compared to a year ago than those in non win-win item agreement markets. Conclusions - Contrary to the existing retail regulations that have one-sided and uniform characteristics, it can be pointed out that the win-win item scheme has the effect of increasing the success of the system itself because it is done on the basis of mutual agreement between General Super Markets and traditional markets. The empirical results of this study can be said to support this conjecture. For the successful settlement of a win-win items agreement, the following points should be reviewed. First, it requires a great effort from the selection process of win-win items in order to improve the effectiveness of the agreement. Second, the existing General Super Markets customers should be introduced to the traditional markets or small shops to increase the sales of win-win items. Therefore, voluntary effort is essentially required from the traditional markets to engage customers.

• 자원ㆍ환경경제연구
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• 제22권3호
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• pp.481-498
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• 2013

본 논문은 업체들의 자발적인 참여를 통해 이루어지고 있는 우리나라의 대표적인 화학 유해물질 배출저감 프로그램인 30/50프로그램의 성과를 사업체별, 물질별, 연도별 미시적 패널자료를 이용하여 분석하였다. 2004년부터 2010년까지 7년간의 배출량 추이를 실증 분석한 결과에 따르면, 자발적 프로그램임에도 불구하고 프로그램에 참여한 업체들의 화학 물질 배출량이 비자발적 협약 업체에 비해 연간 2.7톤에서 1.2톤 적은 것으로 나타났다. 이와 같은 자발적 프로그램의 배출량 저감 효과는 협약물질에서 강하게 나타났을 뿐만 아니라 그 정도는 다소 약했지만 비협약물질에서도 나타났다. 이는 협약업체들이 전반적으로 화학유해물질을 저감하기 위한 기술을 도입한 결과라고 볼 수 있다.

• 한국병원경영학회지
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• 제19권3호
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• pp.1-10
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• 2014

The purpose of this study was to present base data for an efficient management of medical expenses at the hospital management by doing grasp of status of medical expenses from seamen's insurance by voluntary agreements. A Object of study is analyzing the data of medical expenses occurred from the total number of 2,699(inpatients 507, outpatients 2,192)cases who were covered by seamen's insurance at a general hospital which is located in Pusan Metropolitan City during 48 months from January 1, 2009 to Dec 31, 2012. The main results of this study are as follows: accrual medical expenses are the ship management companies member of P&I insurance is the most highest but share of receivables are the Korean ocean-going companies member of P&I insurance is the most highest, therefore, Korean ocean-going companies focus strictly than the payments from accounts receivable management should be considered to reduce the occurrence and concerning the turn around period of medical receivables are 4 months to 6 months during a research period. Therefore, it will be needed for managers of hospitals to prepare differentiated management based on the characteristics of each in insurer and to have recovery strategies of uncollected medical expenses.

• 한국중재학회지:중재연구
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• 제9권1호
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• pp.367-390
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• 1999

The basic requirements for conducting electronic commerce include confidentiality, integrity, authentication and authorization. Cryptographic algorithms, make possible use of powerful authentication and encryption methods. Cryptographic techniques offer essential types of services for electronic commerce : authentication, non-repudiation. The oldest form of key-based cryptography is called secret-key or symmetric encryption. Public-key systems offer some advantages. The public key pair can be rapidly distributed. We don't have to send a copy of your public key to all the respondents. Fast cryptographic algorithms for generating message digests are known as one-way hash function. In order to use public-key cryptography, we need to generate a public key and a private key. We could use e-mail to send public key to all the correspondents. A better, trusted way of distributing public keys is to use a certification authority. A certification authority will accept our public key, along with some proof of identity, and serve as a repository of digital certificates. The digital certificate acts like an electronic driver's license. The Korea government is trying to set up the Public Key Infrastructure for certificate authorities. Both governments and the international business community must involve archiving keys with trusted third parties within a key management infrastructure. The archived keys would be managed, secured by governments under due process of law and strict accountability. It is important that all the nations continue efforts to develop an escrowed key in frastructure based on voluntary use and international standards and agreements.

• 통상정보연구
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• 제10권1호
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• pp.217-236
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• 2008

The purpose of this paper is to discuss the impact of the New Container Security Initiatives of U.S., CSI(Container Security Initiative) and C-TPAT(Customs-Trade Partnership against Terrorism). The CSI which aims to pre-screen high-risk containers in ports of loading. It is a unilateral effort that seeks to develop bi-lateral agreements between the United States and foreign countries with significant container trade volumes into the U.S. C-TPAT is a voluntary initiative to develop cooperative security relationships between the U.S. government and U.S. firms in the global supply chain. Government and Industry have already responded with proposals to create more confidence in supply chain security. These proposals call for heightened inspection and scrutiny of the goods flowing through a supply chain, increased information exchange among participants of supply chain. While government and the private sector are working together to launch new initiative to create more secure and reliable supply chains, industry is rapidly exploring the potential of new technologies such as RFID. The security recommendations will eventually become the requirements to be complied with by importers and their supplier extending to the carriers. It is needed that Korean shippers involved in US importer's supply chain should pay attention to the requirements and start implementing the security measures.

• 수산해양교육연구
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• 제28권4호
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• pp.1014-1023
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• 2016

The purpose of this study is to suggest improvement directions and strategies for the minimization of ex-post damage and prevention of the generation of derelict fishing gear which lead to decreased fisheries resources and deteriorated marine ecosystem through ghost fishing and damaging spawning and growth grounds. Current problems related to derelict fishing gear in Korea are lack of reliable data on the generation amount of derelict fishing gear, absence of life-cycle monitoring and management system, insufficient supports for derelict fishing gear collection programs and R&D investment in environmentally friendly fishing gear, etc. Thus, this study suggests three basic improvement directions to prevent the generation and minimize the damage of derelict fishing gear. Such improvement directions contain more detailed strategies such as establishment of fishing gear management law and life-cycle management system, strengthening entry regulations on fisheries causing serious ghost fishing problems, increased supports for R&D investment and dissemination of bio-degradable fishing nets, and promotion of voluntary agreements among competing fishermen's groups.

• 한국무역상무학회:학술대회논문집
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• 한국무역상무학회 2006년도 제35회 하계 정기세미나
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• pp.45-72
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• 2006

The Equator Principles are a set of voluntary environmental and social guidelines for ethical project finance. These principles commit banks and other signatories to not finance projects that fail to meet these guidelines. The principles were conceived in 2002 on an initiative of the International Finance Corporation and launched in 2003. Since then, dozens of major banks have adopted the Principles, and with these banks among them accounting for more than three quarters of all project loan market volume the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental effects of projects to be financed. While regarding the Principles an important initiative, NGOs have criticised the Principles for not producing real changes in financing activities and for allowing projects to go through that should have been screened out by the Principles, such as the Sakhalin-II oil and gas project in Russia. In early 2006, a process of revision of the principles was begun. The Equator Principles state that endorsing banks will only provide loans directly to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the International Finance Corporation (IFC). - For all medium or high risk projects (Category A and B projects), sponsors complete an Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key environmental and social issues. - The Environmental Assessment report addresses baseline environmental and social conditions, requirements under host country laws and regulations, applicable international treaties and agreements, sustainable development and use of renewable natural resources, protection of human health, cultural properties, and biodiversity, including endangered species and sensitive ecosystems, use of dangerous substances, major hazards, occupational health and safety, fire prevention and life safety, socio-economic impacts, land acquisition and land use, involuntary resettlement, impacts on indigenous peoples and communities, cumulative impacts of existing projects, the proposed project, and anticipated future projects, participation of affected parties in the design, review and implementation of the project, consideration of feasible environmentally and socially preferable alternatives, efficient production, delivery and use of energy, pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. - Based on the Environmental Assessment, Equator banks then make agreements with their clients on how they mitigate, monitor and manage those risks through an 'Environmental Management Plan'. Compliance with the plan is required in the covenant. If the borrower doesn't comply with the agreed terms, the bank will take corrective action, which if unsuccessful, could ultimately result in the bank canceling the loan and demanding immediate repayment. - For risky projects, the borrower consults with stakeholders (NGO's and project affected groups) and provides them with information on the risks of the project. - If necessary, an expert is consulted. The Principles only apply to projects over 50 million US dollars, which, according to the Equator Principles website, represent 97% of the total market. In early 2006, the financial institutions behind the Principles launched stakeholder consultations and negotiations aimed at revising the principles. The draft revised principles were met with criticism from NGO stakeholders, who in a joint position paper argued that the draft fails by ignoring the most serious critiques of the principles: a lack of consistent and rigorous implementation.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.123-156
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• 2004

Settlement of investment disputes is quite different from that of commercial disputes arising from ordinary commercial transactions in view of disputing parties, applicable laws and rules, etc.. Therefore, it is very important to consider the Convention on the Settlement of Investment Disputes between States and Nationals of Other States(Washington Convention) of 1965. The creation of the International Centre for Settlement of Investment Disputes(ICSID), which was established under the Washington Convention, was the belief that an institution specially designed to facilitate the settlement of investment disputes between governments and foreign investors could help to promote increased flows of international investment. Pursuant to the Washington Convention, ICSID provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. Recourse to ICSID conciliation and arbitration is entirely voluntary. However, once the parties have consented to arbitration under the Washington Convention, neither can unilaterally withdraw its consent. Moreover, all Contracting States of the Washington Convention are required by the Convention to recognize and enforce ICSID arbitral awards. Provisions on ICSID arbitration are commonly found in investment contracts between governments of member countries and investors from other member countries. Advance consents by governments to submit investment disputes to ICSID arbitration can also be found in many bilateral investment treaties including the Korea-China Agreement on the Encouragement and Reciprocal Protection of Investments(1992), the Korea-Japan Agreement for the Liberalization, Promotion and Protection of Investment(2003) and the Korea-Chile FTA, the latter was signed as of February 15, 2003 and is still pending in the National Assembly for its ratification. Arbitration under the auspices of ICSID is similarly one of the main mechanism for the settlement of investment disputes under the bilateral treaties on investment. Therefore, it is a problem of vital importance that Korean parties interested in investment to foreign countries should understand and cope with the settlement mechanism of investment disputes under the Washington Convention and bilateral investment treaties.

• 통상정보연구
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• 제13권4호
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• pp.399-410
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• 2011

전통적으로 자국 산업의 이익보호를 위해 관세는 널리 사용되어 왔다. 개발도상의 단계에 있는 나라들은 자국의 유치산업을 보호할 목적으로 관세를 사용하는 반면, 선진국들은 자국의 상품이 타국의 시장에 진출할 수 있도록 타국을 압박하는 수단으로 사용되는 경우가 많다. 본 논문에서는 선진국이 자국의 특정 수출품을 개발도상국 시장에 일정한 비율 이상 진출시키기 위해 개발도상국의 제3의 생산품에 관세를 부과하겠다는 위협을 하는 경우 그 경제적 효과를 간단한 게임이론 모형을 통해 살펴본다. 만약 관세가 부과된 제3의 생산품이 주력 수출품인 경우 개발도상국 정부는-주력 수출품 생산자들의 로비 등을 통해-문제가 된 상품에 일정한 제재를 부과함으로써 선진국과의 마찰을 자발적으로 해소하려는 유인을 갖게 됨을 보인다. 이러한 결과는 최근 FTA로 대변되는 양자 간 무역협정의 체결에서 나타나는 산업 간 이해득실의 차이를 개별 산업의 협상력 차이로 설명할 수 있다는 의미를 지닌다.