• Title/Summary/Keyword: Arbitration Manager

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A Study on the Development of the Arbitration System based on the Prosecution and Police Investigation Mediation Right

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.28 no.3
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    • pp.35-53
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    • 2018
  • The purpose of this paper is to focus on the development of the arbitration system, such as the establishment of the arbitration industry and expanding the scope of arbitration fields. The solution method of arbitration differs greatly from that of the court's trial process. This can be seen in the way of autonomous conflict resolution. Therefore, the role of arbitrator is a very important function. In this sense, it seems necessary to establish a professional arbitrator system. Now the Arbitration Promotion Act has been enacted and interest in the arbitration industry is also rising. It is necessary to deal effectively with new incidents according to changes in the legal environment internationally. In order to do this, it is imperative to train professional arbitrators. A training plan for arbitration manager to assist this is now under consideration. The coming of the Fourth Industrial Revolution and the growth of artificial intelligence (AI) technology will simply stop the uniform way of determining winners by lawsuits. Even in new companies entering new markets as well as overseas companies, assistance from arbitration experts is indispensable in order to effectively deal with international trade disputes that will develop in the future. In addition to fostering the arbitration industry, it is necessary to train experts in domestic and foreign arbitration and arbitration practitioners to provide high-quality legal services. For these human resource development measures, we will explore the subject and procedural methods. The Arbitrators Association should concentrate on these matters and be cautious when focusing on the training of arbitrators and arbitration managers through the selection process. The Arbitrators Association must strengthen the level of new education (designation / consignment). Measures must be taken in order to grant such procedures as well as subsequent steps.

Architecture of Multiple-Queue Manager for Input-Queued Switch Tolerating Arbitration Latency (중재 지연 내성을 가지는 입력 큐 스위치의 다중 큐 관리기 구조)

  • 정갑중;이범철
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.26 no.12C
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    • pp.261-267
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    • 2001
  • This paper presents the architecture of multiple-queue manager for input-queued switch, which has arbitration latency, and the design of the chip. The proposed architecture of multiple-queue manager provides wire-speed routing with a pipelined buffer management, and the tolerance of requests and grants data transmission latency between the input queue manager and central arbiter using a new request control method, which is based on a high-speed shifter. The multiple-input-queue manager has been implemented in a field programmable gate array chip, which provides OC-48c port speed. It enhances the maximum throughput of the input queuing switch up to 98.6% with 128-cell shared input buffer in 16$\times$16 switch size.

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Bus Arbitration Policy Using Random Function Manager (랜덤함수 매니저를 이용한 버스중재 방식)

  • Lee, Kook-Pyo;Yoon, Yung-Sup
    • Journal of the Institute of Electronics Engineers of Korea SD
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    • v.46 no.11
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    • pp.34-39
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    • 2009
  • In this study, we have proposed the random function arbitration method using a random function manager in other to use the merits and overcome the demerits of fixed priority and round-robin, Starvation phenomenon can be generated from the master having low priority in fixed priority method. Also, round-robin method can't give a priority to important master, however, as the proposed random function arbitration method can be random set the rate of fixed priority and round-robin, we can solve the problems of conventional arbitration methods. From TLM simulation, we confirmed that the bus utilization of master could be controled from 32% to 16% and the starvation phenomenon of master could be prevented.

A Study on the Commercial Dispute Management and the ADR in the Republic of Korea -Stressed on the Trade Dispute and Commercial Arbitration- (우리나라기업의 상사분쟁관리와 ADR에 관한 연구 - 무역분쟁과 상사중재를 중심으로 -)

  • 최장호
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.631-655
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    • 2004
  • This study clearly shows that the commercial dispute management is very important for the enterprise and the national economy and the international commercial arbitration as a ADR needs to be activated to settle the trade dispute for the more in the Republic of Korea. The trade dispute has increased for more than thirty years from 1960s and the problem of the occurrence of trade dispute has been very serious in the Republic of Korea. In general, the annual average increase rate of trade dispute has been higher gradually to present and has been high more than the annual average increase rate of export from the 1960s. Also the annual average increase rate of trade dispute in R.O.K. in general high than the Japan and the Taiwan. Accordingly, the trade dispute has been the factor of weakening of international competitiveness. On the other hand, the occurrence of commercial dispute is apt to affect the enterprise and the national economy. It can be called as micro and macro effect. Also, it's analysed that all these problems occurred because of business quality of businessman than the quality problem of goods. Several improvements directions recommended are as follows according to the analyses above. The first, it's required that the consciousness level of commercial dispute management of businessman should be higher to prevent occurrence of commercial dispute and settle the dispute efficiently. The second, the government concerned had better fix policy to raise the standard of commercial dispute management since the trade dispute affects the enterprise and the national economy. And ADR institutions such as the KCAB cooperate with each other for the activation of ADR such as conciliation. The third, is's desirable that the KCAB should promote international commercial arbitration and activate the cooperation of international arbitration activity with other countries. The fourth, it's desirable that the system of Certified Dispute Manager(CDM) should be established to raise the standard of commercial dispute management and the trade order.

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Cases of Safety Accidents and Response under the Serious Accident Punishment Act -Focusing on the Construction Industry- (중대재해 처벌등에 관한 법률상 안전사고의 현황과 대응방안 -건설 산업을 중심으로-)

  • Mingyu Choi
    • Journal of Arbitration Studies
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    • v.33 no.2
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    • pp.23-52
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    • 2023
  • In this thesis, the domestic and foreign legislative background and legislative process of the Serious Accident Punishment Act were reviewed, and the Serious Accident Punishment Act in Korea was reviewed. In 2022, more safety accidents occurred in the construction industry than in other fields, and in particular, the most deaths occurred in the 'fall' type. In April 2023, regarding two criminal first-instance trial cases, the courts all sentenced guilty, and in one case, the representative of the company(CEO) was sentenced to imprisonment and was arrested. In response, the management side expresses the opinion that the punishment is excessive and there is a concern that corporate management will shrink, while the workers side(Union) argues that the responsibility of the business operator or manager should be strengthened by heavier punishment. As a countermeasure to overcome rationally, we present a plan in terms of legislation and resolution process. In other words, we present a review of the amendment to the Serious Accident Punishment Act and the Court Organization Act. In addition, guidelines for the a safety and health system must be implemented, and if an accident occurs, it must be dealt with reasonably. As a result, safety accidents in the construction industry should drastically decrease and safety culture should be properly established.

ADR systems as solutions to reduce disputes of cosmetic law - Focusing on National Qualification System of Customized Cosmetic Preparation Managers - (분쟁의 소지가 있는 화장품법의 대체적해결방법으로서 ADR제도 -맞춤형화장품조제관리사 자격제도 중심으로-)

  • Kim, Ju Ri
    • Journal of Arbitration Studies
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    • v.31 no.4
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    • pp.137-160
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    • 2021
  • The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.

A Suggestion of Claims Preparation Procedure in the Public Sector (공공건설사업에서 업무단계별 클레임준비 절차)

  • Cho Young-Jun;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.54-62
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    • 2001
  • Although claims and disputes may be never avoided in construction industry, until 1998, there are no systematic claims in the public sector in Korea. But, because of IMF, Contractors have been recognized that cost management is essential factor and contractual right can be demanded against the Public Orderer. Many affirmative effect such as, appearance of new professional service, prevention of lower quality construction, restrain of unnecessary budget expenditure, arrangement of duplicated or triplicated liability and revision of unnecessary administrative control may be anticipated through alleging claims, but in site representative manager and construction company may have ambiguous fear, somebody tried to allege claims. Therefore, to activate systematic construction claims, 32 public construction project claims alleged by contractors from 1998 to 2001 were analyzed, inactivated reasons of claims were examined and contractor's action plan to allege claims was suggested in this paper.

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