• Journal of Arbitration Studies
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• v.14 no.1
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• pp.157-184
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• 2004

Dispute plays a key role in maintaining the desirable trading performance. There are many problems such as problems of enforcement of arbitral award and the uncertainty of legal system in PRC. Therefore, the Korean trading companies with Chinese companies should be more concerned with mediation. It's because mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies. This article investigates some differences of mediation between ROK and PRC, and suggests the following ways to resolve dispute. First, the Korean companies should utilize the mediation in small claim but arbitration in big claim. Second, Write a contract and insert mediation clause in BCC or the standard arbitration clause in KCAB. Third, the companies should be more concerned with prevention of dispute than dispute resolution. In conclusion, to expand mediation system into an effective dispute resolution system, The Korean Dispute Resolution Center should be established.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2013.10a
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• pp.279-282
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• 2013

In this paper, we propose a novel implementation method to detect musical plagiarism which can provide human experts evidences to decide plagiarism using cutting-edge information technologies and thereby can solve exhaustive disputes on cases of musical plagiarism when the cases are decided by human experts' emotional preferences.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2019.05a
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• pp.107-108
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• 2019

The interlayer noise of the apartment house is a typical problem that reduces the quality of the residential environment. Therefore, many researchers have developed soundproofing materials that blocks noise between floors. However, most development technologies do not have the noise cut-off effect felt by residents, and may also have a defect in long-term deflection. In this respect, this study developed high-performance interlayer soundproofing material that can overcome existing problems. The developed technology has the noise reduction effect experienced by the residents and it has high durability without long-term deflection. Therefore, high-performance interlayer soundproofing material is expected to contribute to reducing disputes over noise between floors of apartment residents.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.111-129
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• 2018

The foundation of arbitration is the arbitration agreement between parties. If no agreement to arbitrate exists, the parties should not send to arbitrate their disputes. In the United States, there are no provisions as to arbitrability under the Federal Arbitration Act. Before a court can enforce arbitration, it must first determine arbitrability. The general presumption is that the issue of arbitrability should be resolved by the courts. The question of whether parties have submitted a particular dispute to arbitration raises a question of arbitrability which is an issue for judicial determination unless the parties clearly and unmistakably have provided otherwise. Determining if the parties agreed to arbitrate a dispute involves inquiries into whether there is a valid agreement to arbitrate the claims, and the dispute falls within the scope of the arbitration agreement. Therefore, the purpose of this article is to review how to settle the issue of arbitrability in the U.S. federal courts.

• International Area Studies Review
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• v.20 no.2
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• pp.215-233
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• 2016

In 2003, the differing stances about the war in Iraq created a major diplomatic crisis among European countries. Considering various clues which have steadily emerged, this paper refutes the relevance of the debate about weapons of mass destruction and analyses the real motivations for these distinct positions through Europe: the role of the US in the transatlantic relationship, expectations towards the EU and the weight of public opinion. Then, it examines how these intrinsic divergences of political views and interests explain the difficulties encountered in implementing the European Security and Defence Policy and concludes on the keys issues which need to be addressed.

• Journal of English Language & Literature
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• v.60 no.2
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• pp.339-363
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• 2014

This essay reconsiders the subject of Romantic self-consciousness in a post-de Manian perspective. Self-consciousness is an attribute of Romantic lyricism whereby the poetic speaker I remains conscious of how (s)he feels or lives here and now. This self-reflective feature of Romantic poetry has been controversially interpreted either as self-centered solipsism or as self-expressive objectivism. The question is stirring more disputes among Romantic critics after the advent of New Historicism and Feminism. These two historicistic approaches reprove Romantic poetry for a lack of the sense of history and ascribes it to Romantic self-consciousness. They argue that Romantic poets in general displace historical materiality into an object of internal consciousness, so negating absurd social realities "merely to gain their own immortal soul." This essay targets to overcome this negative stance on Romantic self-consciousness with a "subversive" return to Paul de Man's criticism of Romantic internality.

• East Asian Economic Review
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• v.24 no.4
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• pp.337-348
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• 2020

Although the WTO has fulfilled several key tasks it was set up to do - providing periodic reviews of members' trade policies, resolving disputes, supporting negotiations - with the notable exceptions of the Trade Facilitation and Information Technology agreements, WTO members have not been able to negotiate new rules on "bread and butter" trade policies. The importance of doing so was illustrated by the COVID-19 pandemic which saw widespread uncoordinated recourse to trade policy instruments. This paper highlights four reforms that would bolster the effectiveness of the WTO as a forum for trade cooperation: (1) improving collection and reporting of information on trade-related policies; (2) supporting analysis-informed deliberation to establish a common understanding of the need and scope for cooperation in specific policy areas; (3) putting in place a stronger multilateral governance framework for plurilateral cooperation between groups of WTO members; and (4) reestablishing an effective dispute settlement system.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.310-312
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• 2015

Small Unmanned Aerial Systems (SUAS) have been gaining a special attention in the U.S. recently because it is capable of getting aerial footages conveniently and cost effectively, but also because of its potential threat to the safety of our society. Regarding the benefits, one can easily find successful cases. For example, remote controlled or pre-programmed unmanned aircraft help ranch owners monitor their livestocks or crop harvesting status cost-effectively without having to hire human pilots. The professionals in the construction industry also acknowledge the benefits they could gain from using SUAS. Some firms already use a small unmanned aircraft for monitoring their construction activities, which may help project managers figure out construction progress, resolve disputes in real time, and make proactive decisions for quality control. However, there are many technical challenges that my hinder the use of small unmanned aircraft in the construction industry. This paper explores opportunities and challenges in using unmanned aircraft to monitor concrete cracks on the surface of containment building in the nuclear power plant.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.05a
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• pp.161-162
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• 2023

The construction inspection is conducted by the contractor or construction supervisor after a certain stage of work has been completed. As the consturction inspection task is dependant on construction schedule, however, it is difficult to plan inspection task systematically, resulting in increased supervision costs, delays in construction, and disputes. Therefore, this study aims to integrate inspection work with schedule management to systematize inspection procedures. Firstly, the inspection work is defined based on the construction supervision checklist. Then its relationship with the construction process, required time, and resources for inspection tasks are defined in construction schedule. Lastly, a process management program is used to assess the effects of applying the inspection work and examine changes in the overall construction period and process management. The proposed method in this study can support to plan construction inspection more systematically and to improve the effectiveness of construction quality management.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.357-363
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• 2011

Mediation has long been praised as one of effective dispute resolution methods in the area of construction law. Article 85-1 of the Taiwan Government Procurement Act was amended and promulgated by presidential decree on July 4, 2007. The second paragraph of the Article elaborates explicitly, "In the event that the application for mediation referred to in the preceding paragraph is made by the supplier, the agency may not object to such application." Beyond that, if an unsuccessful mediation of a construction dispute is due to the agency's disagreeing with the proposal or resolution for mediation proposed by the Complaint Review Board for Government Procurement ("CRBGP"), the agency may not object to the arbitration filed by the supplier. It undoubtedly reinforces the importance of the mediation-arbitration procedure. Accordingly, this paper elaborates on the mediation mechanism in Taiwan in the framework of construction disputes first. After that, dispute resolution of a local public work case is provided to demonstrate the practice of construction mediation in Taiwan. Lastly, this study proposes suggestions on applying mediation to ease similar subsequent cases.