• 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.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2008.04a
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• pp.876-878
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• 2008

The standards of acceptable limit and compensation is one of the most important things in environmental noise and vibration disputes resolution. In this paper, review on the present acceptable limit level and compensation standard in National Environmental Dispute Resolution Commission is introduced. Discordance of standards between in the regulation law and in the dispute resolution commission and it's improvement are discussed. Abnormal reasoning for compensation standards is pointed out from a author's private view.

• Journal of Environmental Impact Assessment
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• v.17 no.6
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• pp.381-391
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• 2008

The instances of the damage to livestock are increasing with frequent environmental disputes on the noise and vibration. This study analyzed 134 open cases dealing with the environmental disputes on livestock damaged by noise and vibration, and being intervened by National Environmental Dispute Resolution Commission. The environmental disputes on the noise and vibration account for 86% of all the disputes, and cases of the consequent damages to livestock have increased. As shown in the 134 cases, pig is the most lethal livestock attacked by the noise and vibration. During last 10 years, 89% of the noise damages hurting the livestock resulted from the noises pertaining to construction and 58% was due to the noise damages from the road constructions. The noise levels in the range of 70~80 dB(A) and the vibration levels of 70~75 dB(V) caused most of the disputes. The average rate of reimbursement for the livestock damages for the last 10 years was higher than the average rate of reimbursement of the total disputes intervened by National Dispute Resolution Commission.

• Journal of the Korean Institute of Rural Architecture
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• v.10 no.1
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• pp.67-74
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• 2008

Recently, construction of bridges in rural areas has been increased to preserve the natural environment. However this brings forth the disputes over rights of light in farmland. In urban areas, the disputes over rights of light have been settled on the authority of the national architectural law and only sunshine hours for winter solstice are considered. Basically, the point at issue is different between each case. The main issues of the dispute in rural area were the reduction of the crop cultivation and the increase of the heating cost in winter. The purpose of this study is to review the mediation process in national environmental dispute resolution commission to resolve these issues, and to set up the analysis method of rights of light and modelling equation of solar position. Furthermore, we aimed at analyzing the damaged hours of daylights in rural housing and the infringement rate of daylight in farmland through the case study. In conclusion, we estimated the sunshine hours during the whole damaged periods according to the elements of bridges, and presented the solution process of dispute over rights of light due to the construction of bridge in rural area.

• Journal of Science and Technology Studies
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• v.9 no.1
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• pp.57-87
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• 2009

Sick House Syndrome(SHS) is the environmental health problem which is difficult to clarify a causal relationship and a responsibility. This paper is focused on a National Environmental Dispute Resolution Commission(NEDRC)'s judgment on SHS and the process of the change of knowledge and policies related to SHS. In the process of the resolving the SHS dispute, NEDRC functioned as a boundary organization, which helps stabilize the boundary between science and policy, and provides space of mutual collaboration and produces boundary objects. NEDRC had necessary characteristics and resources to make scientific knowledge and policies of SHS. First, it was important for SHS to define a problem clearly and to justify the related information whereupon legal authority was effective. In addition, for the procedure of deciding polities, the role of the Ministry of Environment(ME) was essential. However, due to the condition of ME, the discussion of SHS had been limited to the scope of dispute, excluding scientific discussion.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.59-81
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• 2017

The purpose of this study is to find a solution to disputes in the process of producing digital music sources. At present, the center of the world music market including the domestic market has been completely transformed from the tangible musical record market to the intangible sound source market. Due to these environmental changes, the music production process becomes industrialized and specialized, causing conflicts of interest among the individuals in the process. First of all, this study examined changes in the music market which is the background of the dispute, identified the problems of the process and suggested solutions while summarizing the meaning and role of each process of producing a sound source that may arise during the sound production process. This study covers plagiarism between producers, copyright infringement of the creator against assistant creator caused by the industrialization and division of the production environment, issues related to the rights of sound engineers whose role and importance become bigger as acoustic technology develops and music genres become more diverse, and vertical hierarchy due to the formation of oligopoly by several distributors with huge capital. As a result of the study, it was concluded that Alternative Dispute Resolution (ADR) system is suitable for solving these problems. Specific methods of using ADR include activation of the dispute settlement system of the Korea Copyright Commission, active use of the arbitration clause specified in the standard contract, and recalculation of labor costs and earnings from copyright through mutual negotiations. This paper can be differentiated from previous studies in that it studied overall problems that might arise in the process of digital music source production and suggested ADR utilization as the solution.