• Strategy21
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• s.31
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• pp.120-141
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• 2013

Korea, China, and Japan forms triangle structure which mixed complicatedly on the history and maritime territorial disputes. Nationalism lies on the basis of triangle structure, and it is a main factor which increase tension and conflicts among three countries. Considering dynamics of changing nationalism circumstance, Ieodo issue needs to prepare active countermeasures which considers cope with nationalism confrontations. The aim of this article is suggests preparations of active countermeasures cope with nationalism provocative actions. First, I will specify nationalism as a factor of territorial dispute, and review characters of Ieodo issue. Second, I will analyse China's nationalism to Ieodo through analysis of China's media contents and coverage trend of Ieodo issue (2006~2008). I will suggest necessity of active defense measures coup with China's nationalism, basis of these analysis. As a result, China's nationalism might be a criterion which measures of China's desire for Ieodo. Stimulating Ieodo coverage of China's state media can be a criterion which predicts China governments's for Jurisdiction of Ieodo. We need active measures coup with China's nationalism Which evolves into a much more bold and assertive.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.341-344
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• 2002

Claims are on an increasing trend in the domestic construction field with changes of negative thought about them. But there are still many factors of causing disputes Potentially due to old customs that an owner is predominant over a contractor. Unless these factors are solved, it is obvious that many disputes will occur henceforward. This study derives claim factors that must be solved first of all through analyzing how claim factors influence construction management factors such as time, cost, quality, and presents countermeasures that may prevent these claims.

• Journal of Labour Economics
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• v.26 no.1
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• pp.53-73
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• 2003

This paper investigates the success factors of labor mediation using the Survey on the Problems and Improvements of Mediation Service by the Labor Relation Commission which was conducted by the Ministry of Labor in 2000. When the parties of labor and management which took mediation service belong to the manufacturing industry and the Minju-nochong, they are found to have less chance to change their negotiation attitude favorably toward agreement in mediation process and to adopt an agreement proposal made by the mediator. Those who took mediation service more frequently in the past tend to have lower chance to make use of mediation service successfully. Those who saw the mediators of their dispute to be qualified with fairness and expertise tend to have higher chance. As the time of mediation meeting lengthens, it is more likely for them to reach an agreement with assistance by the mediators.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.25-44
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• 2014

Conflict between transnational environmental issues and foreign investment in capital-importing states can be commonly found. Actually, several investor-state dispute arbitration cases like Bilcon v. Canada, S.D. Myers v. Canada, and Metalclad v. Mexico concerned environmental matters. States are worried about their measures for securing the environment might be deemed to go against international investment agreements and foreign investors also are anxious because of excessive regulations. Against this backdrop, stakeholders attempt to strike a balance between securing foreign investment and preserving the environment. This article argues that the investment chapter of the Korea-US FTA tries to solve environment-investment collision in investor-state disputes. Before analyzing the provisions of the investment chapter most relevant to environmental issues, this article points out the most typical types of environmental clauses included in international investment agreements. The investment chapter of the Korea-US FTA has provisions which effectively prevent measures from becoming useless when those measures are legitimate measures relevant to environmental matters. This does not mean that the Korea-US FTA completely solves the conflict between environmental issues and the protection of foreign investment, but still it paves the way for a prudent solution which would hash out this thorny problem.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.195-223
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• 2014

Nurses are medical care providers most closely associated with the national health. Their works are subdivided and specialized, and it is such a factor making nurse's role more important, and with the appearance of specialized nurses, they have secured a position as an independent medical care provider. As the domain of nurse's service becomes broader, there are more accidents and disputes related to nurses. However, there are not many studies conducted on such problems, and even when medical disputes take place related to nurses, the court does not make consistent judgments as a matter of fact. Besides, as the ambiguity of nurse's range of service and the lack of nursing workforce work as a factor causing nurse's medical malpractice, more legal discussions and studies are required to seek proper solutions to such problems. Thus, as a plan to clarify legal issues likely to occur due to nurse's medical practice, this study classified nurse's work into medical assistance practice and other jobs based on their own independent judgments, and proposed establishing concrete regulations on the range of their work, while reviewing common problems extracted from precedents related nurse's medical malpractice. Moreover, while examining Japanese precedents related to the Act of Medical Service Personnel, Nurses and Midwives, which is the sole act of nurses in Japan, this study reviewed the necessity of revising the present nurse-related regulations in Medical Service Act, or enacting a sole act of nurses.

• International Commerce and Information Review
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• v.6 no.1
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• pp.249-265
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• 2004

In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.139-167
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• 2013

Mediation, which is part of ADR, is a method used to settle disputes amicably by employing a third party who is in a neutral position. Utilization and attention on meditation are increasing in place of litigation and arbitration owing to its effectiveness in terms of time, cost, and effectiveness in achieving an amicable settlement. As to Korea, mediation at the civil level was employed by the KCAB in July 2012 but its utilization was in ABC stage compared to mediation at the governmental and judicial levels. Based on this situation, this study reviewed the guideline and system of the KCAB through a comparison of the management system between the KCAB and AAA where mediation was in good use. This study further suggests solutions as to the development of an international commercial mediation system First, the KCAB rule is needed to create a mediation language, mediation place, mediator internationalization, and so on. Second, a system backup is necessary to ensure the enforceability and effectiveness of mediation. Third, a unified mediation law in Korea is desirable for the harmonization of mediations at civil, governmental, and judicial levels. The unified mediation law, if it is made, may lead to an international base where this requirement exists. Fourth, advertising the merits of mediation to the public is necessary. Fifth, securing specialized mediators and relevant training are essential. If the above requirements are implemented, Korea would advance in international commercial disputes.

• Journal of Construction Engineering and Project Management
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• v.4 no.4
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• pp.41-46
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• 2014

Indian Construction industry is large, volatile, and requires tremendous capital outlays. Typically, the work offers low rates of return in relation to the amount of risk involved. A unique element of risk in the industry is the manner in which disputes and claims are woven through the fibre of the construction process. Delay is generally acknowledged as the most common, costly, complex and risky problem encountered in construction projects. Because of the overriding importance of time for both the Owner and the Contractor, it is the source of frequent disputes and claims leading to lawsuits. The growing rate of delays is adversely affecting the timely delivery of construction projects. Presently construction industries are facing a lot of problems, considering that a paper assess construction stakeholder's perception to the causes of delays and its effects on project delivery. And also one case study is considered in this paper to elicit responses from construction stakeholders. The primary aim of this paper is to identify the perceptions of the different parties regarding causes of delays, the allocation of responsibilities and the types of delays, and method of minimizing the construction delays.

• Journal of Physiology & Pathology in Korean Medicine
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• v.20 no.6
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• pp.1749-1762
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• 2006

Medical disputes are increasing year by year in korean medical institutions as the frequency of patient's visiting korean medical institutions goes high and the reliability relations between korean medical doctors and patients are getting worse than the past. Frequently occurring accidents in korean medical acts fall into some categories such as medical treatment of acupuncture${\cdot}$moxibustion${\cdot}$cupping, korean herbal medication, korean medical physical therapy, wrong diagnosis. Frequently occurring accidents include these cases. Infection due to improper treatment process of acupunctrue or wet-cupping ; skin-burns caused by moxibustion, infrared therapy or haet therapy ;toxic hepatitis or kidney dysfunction induced by herbal medication ; progression of disease or missing of opportunity of timely transfer because of wrong diagnosis. It will prevent medical accidents to a great extent for korean medical doctors to have scientific diagnostic techniques and lab. test results at hand in korean medical institutions.

• Korea Trade Review
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• v.43 no.1
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• pp.25-45
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• 2018

International commercial arbitration is an inseparable part of today's international commerce. International transactions are becoming increasingly complex. Problems brought by multi-party and multi-contract arbitration pose problems for traditional arbitration systems. The Korean Commercial Arbitration Board(KCAB) has released updated International Arbitration Rules(2016 Rules) and has adopted innovations similar to those introduced in the rules of major international arbitration institutions in recent years. The changes in the 2016 Rules are intended to increase the efficiency of the arbitral process, and introduce the process for consolidation of claims. For international commerce contracts, it would be appropriate, and necessary, to adopt a multi-party arbitration clause, as consolidated arbitration provides effective resolutions for multi-party disputes.