• 국제지역연구
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• 제13권1호
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• pp.371-389
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• 2009

근래 우리나라의 특별시·광역시·도 및 시·군·구 등 전국적으로 유통분쟁조정위원회 조례가 제정 또는 개정되고 있다. 이는 유통산업발전법에 의거하여 각 지방자치단체에서 유통분쟁조정위원회를 설치하고 운영하기위한 것이다. 특별시·광역시·도에 설치된 유통분쟁조정위원회는 각 시·군·구에 설치 된 유통분쟁조정위원회에서 행하여 진 조정에 대하여 불복이 있는 경우 불복 신청된 조정에 대하여 조정하게 된다. 따라서 특별시·광역시·도의 유통분쟁조정위원회는 시·군·구 유통분쟁조정위원회의 상급의 조정위원회라고 할 수 있다. 이들 조례에 의한 유통분쟁조정위원회의 조정을 위한 규정에 여러 가지 문제점이 나타나고 있다. 또한 유통분쟁조정에 대한 역사가 일천하고 축적된 경험이 없어 그 운영에도 어려움이 예상되고 있다. 그리하여 이 논문에서는 이 같은 우리나라유통분쟁조정위원회의 조정제도의 문제점을 각 지자체의 조례에 근거하여 찾아보고 또한 실제 유통분쟁위원회의 조정시에 고려하여야 할 사항을 모색하였다. 유통분쟁조정위원회 조례상의 문제점으로서는 위원회위원장의 선임문제를 비롯하여 위원장의 직무대행, 위원회 회의 의결, 조정신청의 통합, 유통분쟁조정위원회 위원의 기피 등을 지적하고 그 해결방안을 제시하였다. 또한 실제 조정시의 우선적인 고려사항으로서는 대규모유통업자와 지역 도소매업자 상생의 원칙을 비롯한 상호협력방안을 제시하였다.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.185-220
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• 2003

Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.

• 한국중재학회지:중재연구
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• 제32권3호
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• pp.93-109
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• 2022

Cosmetics are products that consumers use every day to maintain or improve the health of their skin and hair. Therefore, the expansion of the cosmetics market leads to the expansion of disputes over cosmetic damage. Along with constant social changes, new conflicts continue to arise. In order to resolve these disputes, various consumer dispute resolution organizations and methods are required. Therefore, Alternative Dispute Resolution (ADR), an alternative method that can provide a reasonable judgment on problems that occur during the manufacture and distribution of cosmetics with expert knowledge of the industry, is required. Korea resolves disputes between consumers and manufacturers caused by cosmetics through the ADR of the Korea Cosmetics Association and the Korea Consumer Agency. It handles disputes related to accidents caused by cosmetics, offers consultation on consumer complaints on cosmetics and provides information on accidents and safety related to cosmetics. It is not possible to completely eradicate disputes from cosmetic damages. Therefore, it is necessary to expand and efficiently operate the cosmetic ADR system for consumers. In this study, the current status of cosmetic damage disputes and damage relief and the role of the domestic ADR system were reviewed. Consumers should be easily relieved from damage caused by cosmetics. By accumulating important precedents with an efficient cosmetic damage dispute resolution system, disputes over cosmetic damage should be smoothly resolved.

• 대한한의학회지
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• 제39권4호
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• pp.114-120
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• 2018

Background: This paper was to investigate Korean medical disputes through the cases of asking Korean Acupuncture and Moxibustion Medicine Society(KAMMS) for medical consultation Methods: In this study, it was investigated 66 medical disputes requested to KAMMS for medical consultation from April, 2013 to December, 2017. The cases of disputes were classified according to the year, month, sex, age, area, original disease, treatment method and type of occurrence. Results : There were 66 cases from April, 2013 to December, 2017 that able to investigate. There were no annual increases and decreases or monthly trends in medical disputes. In characteristics of patients, female (53.03%) were more likely than male, and the age distribution was in in 50s (24.24%). It occurred in area, followed by Gyeongsang (33.33%), Gyeonggi-Incheon (30.30%), and Seoul (13.64%). The majority of original disease was musculoskeletal disease (81.82%), and treatment methods that have been assumed to cause medical disputes were 38 cases (57.58%) of acupuncture, followed by 12 cases (18.18%) of combined treatment. Analysis of occurred disease showed that 23 cases (34.85%) of musculoskeletal diseases were the most common, followed by 17 cases (25.76%) of infection. When original disease was musculoskeletal disease, the greatest type of occurrence was musculoskeletal disease (30.30%), but there was no statistical significance. Musculoskeletal disease was common after acupuncture (28.80%), and infection was common after combined treatment (12.10%). It was statistically significant. Although no statistically significant, pharmacopuncture tended to cause the immune response, while moxibustion tended to cause burns.

• 유통과학연구
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• 제21권9호
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• pp.115-121
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• 2023

Purpose: This study aimed to deal with disputes between the seller and the buyer in connection with the Letter of Credit (LC) in a sales contract. The Contracts for the International Sale of Goods (CISG) provides the rules on the fundamental breaches which can lead to termination of the sales contract but the CISG is not enough to govern issues arising from the LC disputes when the sales contract is not clear about the payment terms. This paper tried to find some solutions to the disputes by considering international rules, such as the Principles of European Contract Law (PECL). Research design, data and methodology: The methodology applied in this study was an analysis of some court decisions and extended literature review. Results: The study revealed that in contracts for the sale of international goods, the buyer was obliged to open an LC as manner of payment. If the buyer failed to open an LC or amend the terms of the LC, the seller could avoid the contract because this could deprive the seller's expected interest. Conclusions: Few studies in Korea have been comprehensively analyzed in terms of the obligations of regarding the LC with respect to the CISG in court cases. This study suggests safeguarding the buyer and seller when the LC is considered absolute or conditional.

• 한국중재학회지:중재연구
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• 제14권2호
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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.

• The Journal of Asian Finance, Economics and Business
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• 제7권8호
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• pp.635-644
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• 2020

The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.

• 한국유통학회지:유통연구
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• 제1권2호
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• pp.53-84
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• 1996

This paper is to develop a conceptual framework regarding the choice among dispute-resolution mechanisms in channels of distribution. These mechanisms are characterized by the division of labor in resolving disputes. The choice of the mechanism depends on dispute environments. These environments concern culture and stratification. Six propositions are addressed with respect to how the environments affect the choice of the mechanism.

• STI Policy Review
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• 제4권1호
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• pp.27-53
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• 2013

Technology research and development (R&D) expenditures have increased as most countries recognize that technological innovation is a significant factor for continued economic growth. R&D subsidies by governmental entities were permitted in accordance with the Subsidy and Countervailing Measure (SCM) Agreement under the World Trade Organization (WTO) system. However, according to Article 31 of the SCM Agreement the provision for R&D subsidies have been terminated as of January 2000 and legal disputes over R&D subsidies are likely to increase. The aircraft industry has been the only industry where R&D subsidies have become an issue under the WTO. This paper examines international trade disputes within the aircraft industry in regards to measures by Canada and bilateral disputes between the U.S. and the European Communities (EC). In these cases, various R&D subsidies on civil aircraft are found to be inconsistent with WTO rules. This study summarizes the WTO decisions on various R&D subsidies disputed in the aircraft cases and examines the type of R&D subsidies found to be inconsistent (or consistent) with the WTO to provide guidelines for current and future R&D subsidy policies in high-tech industries. The Canada-Aircraft case indicates that R&D subsidies directly targeted towards near market R&D projects with a high export potential will likely be in violation of current WTO rules. Furthermore, findings from the EC-Aircraft and the U.S.-Aircraft cases suggest that the forms (or the methods) of R&D subsidy distribution were not a sufficient condition for the WTO ruling; instead, what ultimately mattered was whether and specifically to whom the benefits of the R&D subsidies are conferred by the government entities.

• 한국중재학회지:중재연구
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• 제30권4호
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• pp.121-138
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• 2020

The O2O services in the healthcare sector have only been in full swing for about three years, and unlike existing O2O consumer goods, the scale and scope of the dispute are more complicated due to restrictions on medical treatment. In this study, O2O service platform operators and medical institutions' roles and responsibilities were redefined as a countermeasure for resolving disputes in healthcare O2O services and the laws for changing the transaction environment. A change in institutional mechanisms was proposed. This study looked at the types of consumer disputes related to healthcare O2O services as insufficient information problems, problems in the course of medical service implementation, problems with immunity provisions for platform operators, cancellations, and non-compliance with refunds. All the information generated during transactions in the healthcare sector was extensive in scale and included the most sensitive information among personal information, stressing the importance of ensuring security. The area that started in the O2O range before the medical institution visit also proposed a plan to establish a system for the delivery of proven information as a pre-medical person. The scale and growth will grow faster, given that consumers can experience the information they want anytime, anywhere they want. However, the platform broker's role, a link player, will become more important because consumers who use the service will have their first meeting with non-face-to-face product providers. On the other hand, service providers may have side effects of misleading consumers by providing false information or misleading consumers through exaggerated advertisements. The O2O service market is expected to expand beyond distribution and dining out to the entire industry. However, since it is challenging to check accurate statistics on the detailed market, various disputes and consumer protection measures will be required for each detailed market, and comprehensive leading solutions will be essential in the future.