• Journal of Arbitration Studies
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• v.27 no.2
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• pp.107-119
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• 2017

In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.25-46
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• 2015

Cross-border consumer disputes are on the increase as cross-border trade between consumers and businesses continues to grow. Cross-border consumer disputes are difficult to solve, because there are different languages, laws and institutions between the parties. These consumer disputes can be solved more easily by Online Dispute Resolution (ODR) in comparison with utilizing court processes. ODR is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). On 18 June 2013, the new legislation on Alternative Dispute Resolution and Online Dispute Resolution has been published - the "Directive on Consumer ADR and Regulation on Consumer ODR". The new legislation on ADR and ODR will allow consumers and traders to solve their disputes without going to court, in a quick, low-cost and simple way. The United Nations working group for online dispute resolution of cross-border electronic commerce transactions (UNCITRAL Working Group III) has been underway since 2010 to continue its work on procedural rules for ODR.

• Proceedings of the Korea Information Processing Society Conference
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• 2007.11a
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• pp.793-796
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• 2007

RFID (Radio Frequency IDentification) 리더의 동작 영역은 리더의 감도와 전력이 도달할 수 있는 거리에 의해 제한된다. RFID Shower 는 근접한 리더로부터 전송되는 신호를 증폭하여 리더의 동작영역을 확장한다. 그러나, RFID Shower 의 동작 영역 안에 여러 리더들이 있을 경우 리더들간의 신호충돌이 발생한다. 이를 해결하기 위해 중재 알고리즘이 제안되었다. 본 논문에서는 RFID 리더들을 위한 중재 알고리즘을 DEVS 형식론에 기반하여 모델링하고 시뮬레이션 하여 성능을 측정, 비교하였다.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.3-35
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• 2005

The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.249-275
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• 2018

Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.183-203
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• 2017

Two solution approaches have been suggested globally to solve the crisis of bill of lading; that is to say, electronic bill of lading and sea waybill. Electronic bill of lading is not unsettled as a solution to solve the crisis of bill of lading but sea waybill is used on a global basis to do so. The surrendered bill of lading is applied for practical usage instead of sea waybill in a short voyage among Korea, China, and Japan, owing to faster delivery at destination and lower cost than bill of lading. To surrender the original bill of lading, the consignor should submit all originals with a request letter to the carrier of goods with necessary surrender charges, if any, in doing so. Once after receiving the original bills of lading consisting of normally three originals but in some cases five, the carrier stamped "Surrendered" on the front of original bills of lading and sent a message to his counterpart at the port of destination, stating that the original bill of lading surrendered at the port of shipment and the consignee can take delivery of the goods without production of the original bill of lading at destination. The legal regime of the surrendered bill of lading is not settled as it is not considered legally as bill of lading, and the decisions rendered by each nation's courts are different according to the usages of the surrendered bill of lading. The purpose of this paper is to prevent the disputes between parties with regard to the surrendered bill of lading by studying the causes and precautions of disputes in relation to the surrendered bill of lading.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.8 no.10
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• pp.3458-3474
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• 2014

The performance of IEEE 802.11e enhanced distributed channel access (EDCA) is influenced by several interactive parameters that make quality of service (QoS) control complex and difficult. In EDCA, the most critical performance influencing parameters are the arbitration interframe space (AIFS) and contention window size (CW) of each access category (AC). The objective of this paper is to provide a scheme for parameter control such that the throughput per station as well as the overall system throughput of the network is maximized and controllable. For this purpose, a simple and accurate analytical model describing the throughput behavior of EDCA networks is presented in this paper. Based on this model, the paper further provides a scheme in which a Pareto optimal system configuration is obtained via an appropriate CW control for a given AIFS value, which is a different approach compared to relevant papers in the literature that deal with CW control only. The simulation results confirm the effectiveness of the proposed method which shows significant performance improvements compared to other existing algorithms.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.155-178
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• 2009

The ODR can be categorized into four distinctive types. First type is the asynchronous non-demeanour method. Second type is the asynchronous demeanour method. Third type is the synchronous demeanour method. Fourth type is the synchronous demeanour method. A typical example of the asynchronous and non-demeanour method is e-mail. The example of the synchronous and non-demeanour method is tele conference. The example of the asynchronous demeanour method is video recordings. The example of synchronous and demeanour method is video conference. The primary benefit of e-mail is to avoid the physical violence. But the costs of email is the lack of emotional aspects of disputants. The benefits of tele conference is ease of use, and reduces the negative aspects of face to face communication. but the costs are limitation of the exchange of written information. The benefits of video conference is the approximation of face to face communication by providing oral as well as visual communication. but it is insufficient to represent eye contact. The common limitations of ODR are as follows. First is the lack of human face. Second is the neutrality of arbitrators and mediators. Third is the authenticity of electronic document. Fourth is the digital divide across South and North and generations. Fifth is the cross-cultural communication. The development strategy of ODR is the training and education of arbitrators and mediators in the area of writing skill. Furthermore, it is necessary to supplement the weakness of email via diverse kinds of expressions to show emotions. Finally, it is necessary to train neutrals in the area of cross-cultural communication.

• Journal of Arbitration Studies
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• v.12 no.2
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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.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.373-418
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• 2003

This is to study intellectual property(IP) protection of contents which is related with transactions upon internet network. Issues of electronic transaction and infringement cases were studied and analyzed for intellectual property protection. Upon those study, utilization and activation of contents, dispute settlement and method of IP protection were suggested. To achieve this study purpose, it consists of 5 chapters. In chapter 1 introduction, it's mentioned purpose, scope, and method of this study. In chapter 2, outline of contents and e-Commerce, and subject of IP protection upon internet were studied. In chapter 3, issues and dispute factors of IP were discussed and infringement cases were analyzed. It found out that infringements would be variety and complex due to technology rapidly changes. In chapter 4, IP protection plan and responsibility of webmaster were studied and emphasized to protect IP upon Internet. Also, protection against infringement and method of dispute resolution were studied and suggested the method. In this study, the protection plan was suggested because IP protection of contents in internet would be many cases upon internet technology. It found out that technology was important for business expansion of contents, e-Commerce and IP protection, and to enact a law related with IP. In chapter 5 conclusion, this study was summarized and further research was suggested. This study results are 1. IP related laws had better enact or revise to meet internet technology changes for IP protection timely, 2. local laws are to change and develop to harmony with international norm and trends, 3. consolidation of IP related laws for unification of IP statement should be incurred to avoid unnecessary energy of legislation and not to create dispute matters. That's also for customer satisfaction. In conclusion, not to incur ADR and for IP protection of contents, IP related laws would be promptly made or revised, according to technology change trends and for international harmony, That's for internet related industry development and customer satisfaction.