• 한국중재학회지:중재연구
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• 제24권4호
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• pp.29-47
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• 2014

In recent years, with the rapid development of electronic commerce, companies engaging in e-commerce want to take advantage of fast and easy way to solve ever-growing disputes online. South Korea's e-commerce disputes are mainly solved by mediation process of Korea E-commerce Mediation Committee. The whole process of online mediation can be carried out by the network, with the advantages of high efficiency and speed. On the other hand, the introduction of CIETAC's online Arbitration Rules in China meets the actual needs. Especially the requirement of hearing trials' procedures should be easier and faster, making the dispute can be resolved in a short time. Furthermore, the whole process from applying to ruling is conducted online, which meets the needs of e-commerce business that want to solve the disputes faster and more efficient. In addition, the cost of online arbitration is much lower than the average arbitrations. The implementation of the CIETAC's Online Arbitration Rules, will further promote the development of e-commerce in China. With the increase of trade volume between China and Korea, the e-business are also increasing. Although South Korea has not yet implemented online arbitration until now, CIETAC's effort for combining arbitration and mediation have good implications for development Korea's e-commerce online dispute system to promote e-Commerce between Korea and China.

• 한국컴퓨터정보학회논문지
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• 제12권2호
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• pp.299-305
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• 2007

본 논문에서는 온라인 게임에 관련한 국내외 연구동향과 이론들을 고찰하여 보고, 관련 문제에 대한 분석을 통하여 그 부작용에 대한 정책적 대안의 마련을 발제 하고자 한다. 온라인 게임은 이미 우리 사회의 중요한 문화 아이콘으로 자리 잡았고, 한류 열풍의 중요한 테마 중의 하나로써 우리의 대외 신인도 향상에 크게 이바지함은 물론 경제적 부를 창출해 주고 있다. 또한 온라인 게임과 관련 산업에의 투자는 상대적으로 부존자원이 부족한 우리나라의 훌륭한 블루오션점이 될 것으로 예상되고 있다. 그러나 이러한 순작용과 함께 예상치 못한 많은 반작용들이 발생하고 있는데 이에 관해서는 심심치 않게 언론에 보도되고 있으며, 그 심각성은 점점 증가하리라고 예견되고 있다. 이에 개별체계에 산재 되어 있는 온라인 게임 관련 분쟁의 통일적 해결 체제를 구축하여야 할 것이며, 이를 통한 예방적 효과를 거둠은 물론 합리적인 판단의 근거로 작용하게 해야 될 것이다. 또한 온라인 게임이 향후 국가전략산업으로써 한 단계 발돋움 할 수 있는 기회가 될 수 있는 기반을 조성해줘야 할 것이며, 이를 위한 다양한 부문의 학제간 연구가 시도되어야 할 것이다.

• 한국중재학회지:중재연구
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• 제23권1호
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• pp.133-152
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• 2013

Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• 한국중재학회지:중재연구
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• 제26권2호
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• pp.27-44
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• 2016

The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

• 디지털융복합연구
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• 제13권10호
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• pp.9-17
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• 2015

중국은 세계에서 가장 큰 전자상거래 시장으로서 중국 온라인 소매시장은 미국보다 약 40% 크며, 양국은 전세계 전자상거래 시장의 55% 이상을 차지하고 있다. 한 중 FTA는 한중 양국의 상품, 서비스의 전자상거래 확대와 국가간 전자상거래 활동을 촉진시킬 것이다. 한국산 소비재는 기술과 품질 측면에서 중국시장에서 경쟁우위를 가지고 있기 때문에 FTA 혜택을 향유할 수 있다. 본 연구는 한 중 FTA 전자상거래 협정문의 주요쟁점을 검토하고 이를 바탕으로 한국 상품의 전자상거래 수출확대를 위한 활용과제에 대해 문헌연구를 중심으로 살펴보았다. 이러한 연구결과를 바탕으로 다음과 같은 시사점을 제시하고자 한다. 한국 상품의 전자상거래 수출확대를 위해서는 한 중 FTA 전자상거래 협정의 후속협상에 대한 준비와 전자적 전송물의 분류에 대한 대비를 하여야 한다. 그리고 전자인증과 전자서명에 있어 양국의 상호인정이 필요하며, 전자상거래 분쟁해결을 위한 제도의 마련과 한국 상품의 전자상거래 수출확대를 위한 전략의 수립 등이 필요하다.

• 한국중재학회지:중재연구
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• 제25권1호
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• 한국중재학회지:중재연구
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• 제34권1호
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• pp.51-74
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• 2024

Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.

• 한국항행학회논문지
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• 제14권6호
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• pp.882-889
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• 2010

네트워크 기술의 발전은 인터넷 상에서 온라인 게임 산업을 급성장하게 만들었다. 최근, 게임 플레이어들은 이종의 온라인 게임 서버에서 관리되는 게임 캐릭터에 대하여 자유로운 이주를 원하게 되었다. 기존 연구는 게임 플레이어의 요구를 수용한 게임 캐릭터 이주 모델을 제시하고 있다. 그러나 이종 게임 서버 간의 게임 캐릭터의 이주 절차에만 중점을 두었고, 온라인 거래에서 필수적으로 요구되는 안전성 문제가 간과되었다. 그러므로 거래 내용에 대한 안전성 확보 및 분쟁 발생 시 해결 대책 마련이 필요하다. 본 논문에서는 기존 연구 (CMP) 를 기반으로 이종 게임 서버 간의 게임 캐릭터를 이주할 때 이중 서명 방법을 사용한 안전한 게임 캐릭터 이주 시스템(SCMP)을 제안하고, 안전성을 검증해 본다.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.253-275
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• 2006

Ever since the open and reform policy in 1987, China has adopted the socialistic market economy system and has been moving forward in economic reform. This gradually expanded their market economy. The open and reform policy achieved the highest average annual GDP growth rate of 9% and helped the country maintain high growth. China's economic growth in recent years has a lot to do with the international trading and direct investment by foreign corporations. China's entry into the WTO dramatically increased their amount of capital and investments due to their aggressive investments with foreign corporations. It is quite amazing that investments in China has been constantly increasing while the direct investments worldwide is decreasing. Moreover, increase in such investments is contributing to China's job creation, as well as, the expansion of international trading. When international economic exchange started between Japan and China in the 1970s, it was in the form of aid for developing countries, hence the collection of the investment was out of the question. It was in the 1990s that Japan started the full-scale investments with China and it was mostly centered in transfer of the production base. Japanese corporations aim was to mass produce goods less expensively using abundant and cheap labor and to sell them to Japan and other countries. The amount of Japan's exports and imports compared with China is increasing every year but the trade deficit has gone into the red. The dollar amount has been decreased from $ 27 billion in 2001 to $ 18 billion in 2003. The problems and damages in the system of justice and administrative confrontation that Japanese corporations are facing are continuously at a stand-still even after China's entry into the WTO. It has been 20 years since Japan's advance in China and during that period, the Japanese corporations brought many changes ranging from exports/imports to direct investment. Although Japan's new corporations tend to be located in the mid-western part of China, rather than the coastal areas, the region itself is not the cause for the confrontation. The problem stems from the Japanese treating the Chinese as if they were Japanese because they look similar due to their Asian ancestry. In reality the Chinese have completely different ways of doing business. Here we will take a look at the international trading and direct investment of Japanese corporations in China and study the conflicts that occurred in business transactions with China through real examples.