• International Commerce and Information Review
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• v.17 no.3
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• pp.3-27
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• 2015

As hostile online reviews can have a negative impact on a company's reputation, it is not surprising that online reviewers and business owners often get involved in conflicts which sometimes evolve into legal disputes. This research examines the legal dispute case in which the business owner charges an online reviewer for a defamation. Further, this research compares the supreme court's decision with general public's view on this defamation case, using a survey method. From the legal point of view, an online reviewer's primary motive determines whether the online reviews are defamatory statements or not. Specifically, if an online reviewer's primary motive is to increase the overall benefits for the public society, the online review does not bear any legal liability. According to our survey, consumers' view aligns with the final decision of the supreme court. They believe that online reviews should bear a minimum level of legal liability as online reviews often contain useful and valuable information which can enhance overall public benefits.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• Korean Journal of Construction Engineering and Management
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• v.21 no.5
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• pp.3-10
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• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• Journal of Korean Tunnelling and Underground Space Association
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• v.23 no.6
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• pp.371-384
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• 2021

Underground space, especially very-deep tunnel development in urban area, is a good alternative to solve the problem of insufficient ground space, and the need for underground space development is steadily increasing. However, due to the complex and time-consuming nature of design and construction, public conflicts related to the deep tunnel project are getting aggravating and more complex. In addition, since the public budget is mainly invested, when civil complaints arise, they often respond passively, resulting in amplification of conflicts or prolonging the deadlock in many cases. In this study, by analyzing the progress of major conflicts related to the construction of very-deep tunnels in urban area, the causes of conflicts, factors prolonging conflicts, and solutions are reviewed. Through a survey targeting ordinary citizens and tunnel experts, thoughts about the deep tunnel construction and major conflict factors were analyzed, and suggestions for minimizing conflicts were presented. The results of this study can be used to prepare alternatives such as various public involvement measures and improvement of project procedures to form a civic consensus on the construction of very-deep tunnels, and to prepare measures to improve prejudice against very-deep tunnels.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.77-95
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• 2007

This article focuses on the history and evolution of the US court's attitude towards unilateral arbitration and dispute resolution clauses, but also considers the practical approach of national courts to theses clauses. It goes on to consider some potential pitfalls in the operation of unilateral clauses, which should be borne in mind when developing a strategy for bringing or defending a claim which falls within the scope of a unilateral clause. There can be few objections to the general validity of unilateral arbitration clauses. The principle of party autonomy is the driving force behind international arbitration and, provided it is tolerably clear that the parties intended the arbitration clause to operate unilaterally, courts should be reluctant to interfere with the parties' agreement. There are also no persuasive public policy reasons why such clauses should not be upheld in commercial agreements. In addition to the issue of whether such unilateral clauses are permissible under certain law, it is important to be aware of how they should properly operate in practice, that is, useful guidance on the subject of the proper operation and effect of such clauses where they are intended to be used to enable a party to decide whether, and in what circumstances, a claim should be referred to court or to arbitration.

• Journal of Wetlands Research
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• v.10 no.1
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• pp.77-87
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• 2008

This study attempted to characterize and compare wetland conflicts in Korea and United States, which caused serious social and environmental effects. First of all, such 3 different survey methods as open-ended questionnaires, Likert-type and ranking questionnaires were adopted for 5 selected study sites in Korea and 12 cases in the U.S. in order to understand and measure these effects. 53 subjects were contacted for open face-to-face interviews in the U.S. and 258 in Korea and overall 567 disputants were for other questionnaires. Analyses of survey results revealed that disputants involved in the wetland conflicts had developed different concept of conflict frames. The study also identified the reframing is the key for conflict resolution Based on these results, a idea of public mediator was suggested to resolve and mediate conflicts.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.7 no.3
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• pp.483-493
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• 2006

The purpose of the study is to make a proposal of how to improve the separate account in Korean life insurance accounting and regulations. A separate account is required to improve the transparency of accounting and fairness of dividing the profit between company and lift insurance contractors. A separate account may be the first step to solve this conflict by clearing the profit sharing of shareholder's and contractor's of the insurance with dividend. The separate account should be designed to reflect the real economic consequences of insurance company and consider the real outcome of the performance-based insurance commodities. The separate account should contain the rules of IASs and KASs. If a separate account is successfully settled down, the portions of contractor's dividend and the dispute about initial public offering of insurance companies can be solved gradually.

• Korean Journal of Construction Engineering and Management
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• v.12 no.3
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• pp.131-139
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• 2011

In this Study, the Cost of Public Facility Construction in the VE Cost Model, and the Progress of the Construction Site Management, and Cost due to the Lack of Cpatial Information in Dispute Cost Work Type Recognize the limits of Historical Information, and to Overcome the Perception of Cost and Space Systems Unit In the Process of Transition that Began Seeking Ways to Improve Through this Study, Different Parts of the Proposed Area of Construction Work Unit System, the Core of Calculating Hourly and Detailed Engineering Information and Cost Information Generated Extension to Configure the Construction Unit in Every Space, Every Work Unit System, All Materials That Make Up Work Unit System, Unit Labor Costs, And All of the Configuration Items Enables Precise And Multidimensional Understanding is That.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.211-234
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• 2004

When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.165-178
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• 2018

Exchanging information with a person without credentials over the Internet does not pose any problems. A decentralized system based on blockchain technology enables the user to exchange new value(currency) with other uncredited users. The blockchain technology creates a new paradigm in which the distribution system can be founded on trust. Various applied distribution systems are being developed based on this paradigm. This study analyzed the problems between an institute's grading system and the central administration system. The limitations of an institute's current central management system were presented through actual cases. To improve the problem, a decentralized system based on block chain technology was presented in order to overcome the fundamental limitations by utilizing blockchain technology, peer-to-peer network, and the distribution system. In the central system, a malicious moderator could create a malicious edit that becomes the cause of a dispute, but in a decentralized system, a problem cannot be created even if there were to be a malicious moderator. However, it is difficult for a single college institute to create a distribution system in order to actualize an effective system. Comparatively, it would be possible to create a decentralized system in which all educational institutes in Korea (elementary schools, middle schools, high schools, colleges) took part in. The application of a decentralized system would improve the public transparency and reliability of educational institutes.