• Journal of Arbitration Studies
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• v.21 no.1
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• pp.109-129
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• 2011

In the approaching 21th century, the outstanding development in international sports has established arbitration as the preferred form of dispute resolution. Because the form of sports dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem. The Alternative Dispute Resolution(ADR) as the settlement of sports dispute is regarded as the one of effective dispute resolution method and merits notice. The Korean Sports Arbitration Committee has been established for dispute resolution between athletes and the clubs or alike. Now, We must review and complements the rules of the Korean Sports Arbitration Committee in order to be a representative system of domestic sports dispute arbitration that settle the sports dispute practically and efficiently.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.199-217
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• 2009

During the urbanization progresses, apartments such as the house of commons, representing our homes are situated in space. However, many consumer problems of our country's apartment house are caused by the government's failure of housing policy and consumer dispute resolution system In this study, apartment house and alleviate consumer disputes relating to in proactive ways to improve the government's housing policy was presented. At the same time, since the revision of Consumer Fundamental Act on collective alternative dispute resolution system has proposed scheme, this occurred after a dispute to resolve the dispute can be more efficient ways.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.121-140
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• 2019

First, the purpose of this research is to review the Online Dispute Resolution (ODR) regulations in Korea to resolve disputes which can arise in international e-commerce in the near future. Second, this research tries to look for alternative solutions to dispute resolutions according to these regulations. Third, this research pursues to enhance the effectiveness of business deals by providing efficient and satisfactory dispute resolution methods for e-commerce business. Furthermore, this study evaluates the definition of global e-commerce by comparing Online Dispute Resolution (ODR) with Alternative Dispute Resolution (ADR). Through analyzing the domestic ODR system and ADR system, this research could boost the employment of settlements in small-sized disputes through easy and convenient consumer access to both ODR and ADR procedures. The enhancement of the competitiveness of Korean companies in the global market is estimated to take place as a result. This research is estimated to provide benefits to our businesses both domestically and internationally by using ODR regulations and ADR methods. Moreover, this research is anticipated to verify usefulness in terms of consumer protection by advancing consumers' access to dispute solution authorities locally and abroad.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.73-94
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• 2009

There are significant differences between disputes among enterprises and disputes between consumers and an enterprise. A majority of consumers may suffer from the same damages at the same time with small amount concerned and sometimes low chances for find the real cause. Among these distinctive features, the most significant characteristic in consumer-business disputes can be found in that consumers are in a disadvantageous position compared to businesses. When it comes to consumer policy, the biggest aim lies with turning back the damage a consumer is suffering into normalcy. In this regard, the Consumer Dispute Resolution System is the most essential among consumer policies. In Korea, the Collective Alternative Dispute Resolution (ADR) System was introduced to the Consumer Dispute Resolution System in 2007 in line with revision on the Consumer Basic Law. However, smooth damage redress for consumers is still not taking place. Against this backdrop, this report suggests that 'consumer arbitration' program should be introduced to the Consumer Dispute Resolution System as part of making good and smooth progress for consumer damage redress.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.127-160
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• 2006

Civil lawsuits have been the main instruments to resolve any civil disputes until recent times but it has its limitations in resolving all disputes in the specialized and technical disputes only according to the civil trial process. Therefore, many countries have carried out a series of discussions and investigations into the system of Alternate Dispute Resolution(ADR). It should especially be noted that all related countries in the world have enacted a basic ADR law to accelerate the usage of the ADR system. The most representative cases are the American Alternative Dispute Resolution Act of 1998 and Japan's Alternative Dispute Resolution Promotion Law set up in December 2004. As such, there is a need for Korea to enact a basic law regarding ADR following the world trend of major nations. This paper looks closely not only into the enactment circumstances and contents of Japan's ADR law whose legal system is similar to that of Korea but also the aftermath discussions of the Japanese academic circles into consideration, in the hopes of providing reference data for the legislation of the Korean ADR system and further aiding in the development of the ADR law theory.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.173-198
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• 2004

Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.135-157
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• 2022

Religion has a very close relationship with our everyday lives. In particular, religion maintains an absolute and ultimate value system and is deeply associated with all sectors of society such as politics, economy, thought, arts, culture, and science. The original meaning of religion in Buddhism means the teachings that become fundamentals. There are numerous religions around the world, and each religion has its own object of faith, different system, and unique rites and lifestyles. Therefore, evaluating or denouncing other regions based on the doctrines or conventions of a specific religion can lead to conflicts and disputes. The Buddhist Vinaya Pitaka related to alternative dispute resolution (ADR) is a method regarding the operation of a community. Vinaya Pitaka contains Buddha's teachings about individual and organizational ethics and on community life and activities. It is the Buddhist dispute resolution (BDR) of the Vinayata Pitaka that contains knowledge on howto remedy disputes among the four types of disputes that can occur. Vinaya Pitaka contains the principles and systems of BDR, and it is sufficient background for succeeding in the development of harmony today. The messages of laws, ethics, and Buddhist teachings are clear in these characteristics. The systems, progress, and procedures for various rites, events, and disputes as well as for everyday life, etc. display a rational operating system through karma. In particular, when disputes occur, the cause of the dispute is resolved as much as possible through transparent fairness and being unanimous using the seven remedies for disputes. Buddhist priests pursue private autonomy of ADR through karma, repentance, acceptance, etc. to maintain and continue the integrated functions of Buddhist priest harmony.

• Journal of Arbitration Studies
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• v.32 no.1
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• pp.71-91
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• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.