• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.3-37
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• 2014

The purpose of this paper is to examine thoroughly on passing of risk in contracts for the international sale of goods. Articles 66~70 of the CISG contain provisions on passing of risk. Article 66 states the main effect of passing risk to the buyer. Article 67~69 determine the decisive point in time which the risk passes from the seller to the buyer and article 70 attempts to explain the relation between passing of risk and fundamental breach of contract by the seller. As in the case corresponding Incoterms rules, the main issue to be resolved is which party should bear the economic consequences in the event that the goods are accidentally lost, damages or destroyed. Many cases also apply CISG articles 66~70 to contracts in which parties not agree on the use of trade terms such as CIF, CFR, FOB and FCA in Incoterms[R] 2010 Rule that provide for when the risk passes. In order to minimize disputes that may arise under contract, when drawing up a contracts for the international sale of goods, the specifics of agreement should be clearly stipulated. Consequently, the parties of contracts for the international sale of goods should take adequate measures, and it is required to prepare the contracts clearly as the specific terms to prevent and resolve contractual disputes on passing of risk.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.3-26
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• 2016

The preferential Rules of Origin (RoO) govern tariff preferences that are given in accordance with the FTA. However, relatively few studies have been devoted to the procedures in settling disputes that are relevant to RoO under the FTA. This study is a first attempt at analyzing the applicability and the potential improvement in dispute settlement procedures in FTAs targeted at the preferential RoO. By exploring three dispute cases involving the preferential RoO, it is suggested that restrictiveness, complexity, and uncertainty that are inherent in the preferential RoO may trigger political tension and dispute. Forming a panel that is capable of mitigating political tension, facilitating participation and early cooperation of experts and stakeholders, and establishing a well-structured enforcement procedure are essential in dispute settlement procedures to resolve disputes involving cases on RoO. Furthermore, the current dispute settlement procedure that hinders the private sector's access should be changed to one that is more open to private sector entities, such as companies, to facilitate the enforcement of the decision. Given that more improved FTA dispute settlement procedure may guarantee the enforcement and application of the FTA preferential treatment in relation with more politically powerful states and foster genuine free trades, more in-depth studies must be conducted on this topic.

• Journal of Software Assessment and Valuation
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• v.17 no.1
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• pp.1-9
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• 2021

In disputes involving contracts for work, most issues boil down a single, most crucial, underlying question: whether the agreed work was completed. The same applies to software development services, which are usually usually provided under contracts for work. In disputes arising from software development contracts, appraisal is commonly used to determine the completeness of the software in question. However, it is often difficult to ensure the objectivity of the appraisal. This study examines past cases involving the determination of software completeness to identify the method used in each case. Then, based on the findings, this study identifies issues requiring improvements to ensure objective determination of completeness.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.37-73
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• 2001

I. Preface It is widely understood that the 21st century, with the development of information technology(IT) and the spread of networks, will be called a digital economy where information-driven business will be norm rather than the smokestack economy of the past. And the drastically changed world market is expected to generate even more commercial transactions across the world creating large numbers of legal disputes. Therefore, each country will attempt to develop ADR(Alternative Dispute Resolution) as an alternative to judicial proceedings in order to cope with not only the ever-increasing international commercial claims but also domestic legal disputes. Taking this reality into account, this study begins with an exploration of mediation procedure as a way of helping the court faced with its overwhelming numbers of lawsuits. And also this study makes a theoretical comparison between ADR and mediation procedure, analyzing critical factors affecting the mediation agreement. Furthermore, it is designed to find ways for disputing parties to make better use of mediation and ensure fairness to the parties involved. It tries to enhance mediators' understanding of critical factors influencing the mediation agreement and their ability to handle commercial disputes in a more efficient way. To make an empirical analysis of these factors, bibliographic research and questionnaire were used. This analysis will fill the gap between the theory and reality, and make possible the structured research on the factors. Therefore, this study sets the model by which we can evaluate how the three critical factors (parties' inclination, mediators' characteristics, institutional features) affect the parties reaching a mediation agreement. Based on this analysis, a theoretical hypothesis was built and a questionnaire was made and distributed. During the course of this work, SPSSWIN 10.0 program was applied.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.207-244
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• 2003

There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

• Journal of Oral Medicine and Pain
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• v.23 no.2
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• pp.157-191
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• 1998

The subjects chosen for the study were 2,941 dentists who have been registered in the Seoul Dental Association in 1997. Questionnaires were delivered to the dentists, and 1,133 questionnaires of these were returned. The basic dental of repliers, medical accident experiences, and general thoughts on the dental care and medical accident had been reviewed. Many dentists had appeared to be exposed to the medical accidents and disputes, and the rate of the experience of these cases was also high. In the dental practice, the execution degree of the duties as a dentist was lower than the perception of the duties as a dentist, while the perception was good. However, in spite of carefully following the duties as a dentist, it seemed to be impossible to fundamentally prevent the medical accidents. Thus, dentists should always predict the possibilities of the medical accidents, and it is necessary to establish the impartial dental institutions and organizations through which dentists can settle the medical disputes.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.71-89
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• 2008

International technology transfer(ITT) or technology trade is a very comprehensive term covering various mechanisms and channels for shifting technologies across borders. Thus, it refers to numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation. It includes technology, trade, and investment. Markets for exchanging technologies are inherently subject to failure due to appropriability problems, spillovers, asymmetric information, and market power. Thus, there is strong justification for public intervention. Technology developers are interested in reducing the costs and uncertainty of making transfers, along with protecting their rights to profit from such transfers. On the other hand, technology importers are interested in acquiring knowledge at minimal costs, asking for restricting sharply the exclusive rights of foreign firms to exploit technology. The purpose of this paper is to review the characteristics, risks, legal issues and contractual check points of ITT, focusing on the avoidance of commercial disputes during the very complex processes of ITT.

• Journal of Information Technology Applications and Management
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• v.25 no.2
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• pp.133-146
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• 2018

The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.