• Journal of Arbitration Studies
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• v.27 no.1
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• pp.85-106
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• 2017

This article deals with the relationship between arbitration and state court in each procedural stage. As most legal systems over the world respect arbitration agreement, the relationship between arbitration and state courts puts emphasis on party autonomy and provides the independent power of arbitration agreement tribunal (Kompetenz-Kompetenz). Most institutional arbitration rules the arbitral tribunal to rule on its own jurisdiction. Modern national laws have similar provisions based on Art. 16 UNCITRAL Model Law. In this regards the author throws a question in Chapter II, whether the doctrine of Kompetenz-Kompetenz, namely the ability of the tribunal to decide upon its own jurisdiction is worth while persisting, and whether the Kompetenz-Kompetenz-agreement should be regarded as valid, with the conclusion, that this doctrine should concede to the power of state court and that Kompetenz-Kompetenz-Klausel is invalid. In Chapter III the author discusses the issue of whether the breach of an arbitration agreement could lead to the compensation of damage. Although the author stands for the procedural character of arbitration agreement, he offers a proposal that the breach of an arbitration agreement bring about the compensation of damage. The issue of anti-suit injunction is discussed also in this Chapter. He is against the approval of anti-suit injunction based on an arbitration agreement resisting the other party from pursuing a lawsuit in a foreign country.

• Journal of Korea Entertainment Industry Association
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• v.15 no.4
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• pp.243-254
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• 2021

This study analyzed the abuse of authority among the types of power abuse in educational institutions in order to create an educational climate in which democracy and equality are respected and to create a better education and an equal society. First, we analyzed the concept and cause of power abuse through literature research, and then explored the cases of members of educational institutions according to the type of abuse of authority through qualitative research to derive implications. As a result, abuse of authority within educational institutions were found as follows: additional work without consultation, transfer of duties, coercive and unilateral instructions using status, instructions violating laws and guidelines, private instructions for personal convenience, specific institutions, personal rights, and privacy. Based on this analysis, a policy was proposed. First, an agreed standard for abuse of authority, an institutional mechanism to mediate conflicts and complaints over abuse of authority, mandatory installation and legislation of the best decision body, active and transparent disclosure of information, and a shift to open and listening administration are needed. Second, analyzing and seeking ways to reduce overuse of authority in educational institutions will be the cornerstone for leading education's democracy and equality by creating a culture of mutual respect and communication among members of the organization. Hope that follow-up studies will be carried out and that the Gap-jil in educational institutions will be reduced to create a better educational environment.