• Journal of Environmental Impact Assessment
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• v.21 no.4
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• pp.525-541
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• 2012

This study aims to investigate the possibility of Investor-State Dispute under Korea US FTA in relation to Korean environmental impact assessment scheme. The study analyzes the Investor-State Dispute case between Bilcon of Delaware and the government of Canada. The case study shows that Bilcon challenged Canada with violations of NAFTA 1102, 1103 and 1105, arguing that Canada treated Bilcon in an arbitrary and discriminatory manner. The study analyzes two different scenarios that Korea could face with arbitration for alleged breach of its obligations under the Korea US FTA in relation to EIA scheme. From analyzing the case study in relation to two different scenarios, the study finds that problems previously identified and associated with EIA scheme in Korea could directly or indirectly cause Investor-State Dispute Settlement process between Korea and American investors. The study concludes that the risk of violating Korea US FTA related with Korean EIA could be reduced by creating Korean EIA scheme in a transparent and unarbitrary manner which guarantees fair public participation and elaborating the concrete meaning of sustainable development in EIA law.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.3-28
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• 2004

The implementation of electronic transaction raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic transaction is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of governing law so jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, governing law to application concerned about electronic transaction should be prepared and the environment to keep electronic transaction secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic transaction infrastructure .

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.48-57
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• 2009

As recent construction projects have gradually become larger in size and complex, construction documents such as drawings and specifications revealed the limitations that can not express all the necessary information. Due to the lack of stipulations on the contract, disputes arise among contracting parties. Traditionally, many construction companies in Korea make an unfair agreement with the clients so that the irrational items are included in their contract documents. Potential dispute factors are triggered as a result of misleading or omitted items on the written documents. This paper analyzed the civic counseling cases obtained from the public procurement service in Korea, and identified the potential dispute factors that can occur during pre-dispute stage alone with their influence analysis. The results found from this study can be used for the development of checklists that prevent the dispute in the process of construction projects.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.89-114
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• 2011

Environmental disputes not only possess the special characteristics of collectivity and plural value relativity but it also possesses the unique features of difficulty to prove cause and effect as well as the structural maldistribution of evidence and information. Therefore, the positive resolution of an environmental dispute can be brought about more easily with the Alternative Dispute Resolution (ADR) which can take the form of talks, compromises, as well as arbitration or mediation rather than through a trial process. Such being the case, this paper first looks into the problems and effectiveness of the arbitration system of environmental lawsuits and then takes an even closer look at Korea's environmental dispute arbitration system and finally offer some reform methods. In Korea, the environmental dispute arbitration system was implemented in 1991 and has been executed since then. Although this system does have positive features such as the high rate of coming to an agreement between the involved parties but unfortunately, most of the cases rely on decisions based on right and wrong which cannot but be far away from the intentions of the ADR system. It is heavily centered around claims regarding psychological compensation regarding noise and vibrations and the ratio of the actual amount of compensation is comparatively lower than the requested amount. In addition, with the limits in organization and manpower, it leads to a lack of professionalism as well as the problem of low usage with the low awareness rate. As reform measures against the aforementioned problems, this paper suggests the following. First, in order to activate the arbitration process more fully, it proposes aggressive usage of compulsory arbitration as well as submission to arbitration, while at the same time raising ADR professionals to fill in the missing gaps. Secondly, in order to overcome the problem of concentration of related cases, making representative lawsuits of environmental organizations would be a good idea. It also states that in order to make the compensation amount more realistic, it should go out of the across-the-board decision making process and reach a decision about the compensation amount that takes the individual situation's dispute into consideration. In order to boost the professionalism of the environmental dispute arbitration, it is necessary to reform the organization and manpower such as expanding the number of members of full standing, and increasing the professionalism of the examiners. Also, to increase the usage rate of the ADR system, the paper suggests stationing a civilian consultant regarding environment, or activating the compulsory arbitration which is the premise for public participation on the part of the residents.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.33-52
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• 2017

This article tried to describe the laws concerning the enforcement of foreign arbitration awards in Indonesia. This issue is relevant in the light of frequent curiosity of foreign commentators, business communities, practicing lawyers, concerning the arbitration in Indonesia, in particular its enforcement of foreign arbitration awards. The main laws on arbitration analyzed were, firstly, the Indonesian law on arbitration, namely Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution and the Presidential Regulation No 34 of 1981 concerning the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The provisions of Law of 1999 analyzed were confined to its international provisions on arbitration, in particular the requirements for the enforcement of foreign arbitration awards and also the requirement that the awards do not violate Indonesian public policy. The problem with the Indonesian arbitration law (and the courts' practice) were that no provisions which provided guidance or meaning with regard to public policy. The absence or lack of guidance or definition on public policy had some times confused lawyers or the parties in dispute fearing that their arbitration awards would not be enforced due to the violation of public policy. Secondly was the different opinion of two Indonesian arbitration experts, Prof. Sudargo Gautama and Prof. Priyatna Abdurrasyid. Both scholars had rather different opinions with regard to the meaning of public policy in Indonesia. Thirdly was a recent case law, Astro Nusantara Bv et.al., vs PT Ayunda Primamitra Case (2010) decided by the Indonesian Supreme Court with regard to the enforcement of foreign arbitration awards. This article concluded that the Indonesian court, in particular the Central of Jakarta Court, so far have given its support that the execution of foreign awards was duly enforced.

• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.386-396
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• 2010

The purpose of this study is to examine the non-regular labor dispute from beginning to the ends, thus, give guidance for future similar labor disputes. As a result of this study, firstly, subcontract company union negotiated with their companies, but after their companies was shut up, the union demanded negotiation with Hynix Co.(Hynix Co. contracted with union member's companies about cleaning job etc for every year). However, Hynix rejected the union's demand, because Hynix Co. do not have the legal obligation to negotiate with subcontract company union. Secondly, union members was to in unemployment and for the employment & negotiation with Hynix Co. they did illegal actions against Hynix Co. Thirdly, there was tried many efforts by NGO & government authorities etc to settle the disputes, and mediated, arbitrated by private expert(Certified Public Labor Attorney) Finally, both parties(that is Hynix Co. and subcontract company union) negotiated each other and settled the dispute without employment.

• Journal of Society of Preventive Korean Medicine
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• v.18 no.3
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• pp.105-115
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• 2014

Objective : Traditional medicine (TM) has been playing its role in national healthcare system and it is taken as complementary and alternative medicine (CAM) from the viewpoint of modern Western medicine. In the UK, not a few practitioners of Traditional Chinese Medicine (TCM) are working as CAM practitioners using herbal medicine and acupuncture therapy. Cases of dispute in the TCM practice are not rare these days because patients who take TCM service are increasing by year. Method : In the UK, dispute cases of the Traditional Medicine of East Asia can be found these days, however, it is hard to find a reported court case. A medical dispute case of TCM will be analysed to see the legal management and the resolving principle in the alternative medicine practice with some cases of Korean Medicine (KM) being discussed. Results : The usual pattern of clinical negligence can be discussed from the points of a duty of care, breach of that duty by negligence, and the harm to the patient from that breach of duty. The judge followed this procedure In this case to discuss the claims. The department of health proposed to introduce regulation to provide the reasonable quality in TCM practice, and the governmental system would be essential to regulate both the TCM practice and practitioners. Conclusion : The dispute case of traditional Chinese herbal medicine (TCHM) practice is important for the clinical negligence in TCHM practice. Judging the negligence of a TCHM practitioner involves the conventional negligence principle in tort law, and the TCHM practitioners are required to keep up with the up-to-date information on the related medical specialty. The reasoning is almost the same as that shown in the court case of Korea. The TCHM practice in the UK needs to be under the regulation by the government. The standard of care we expect of a TCHM practitioner is a further matter to discuss from the healthcare and social viewpoints.

• Journal of Public Diplomacy
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• v.2 no.1
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• pp.43-68
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• 2022

Multiple modes of communication on social media can contribute to public diplomacy in informing, conversing, and networking with members of foreign publics. However, manipulative behaviours on social media, prevalent especially in high tension contexts, create disruptions to authentic communication in what could be grey/black propaganda or information warfare. This study reviews existing literature about models of public diplomacy to guide an empirical study of China's communication in the #SouthChinaSea conversation on Twitter. It uses computational methods to identify, record, and analyze one-way, two-way, and network communication of China's actors. It employs manual qualitative research to determine the nature of China's actors. On that basis, it assesses China's Twitter communication in the issue against various models of public diplomacy.

• 대한예방의학회:학술대회논문집
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• 2002.10a
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• pp.181-182
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• 2002

• 대한예방의학회:학술대회논문집
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• 1996.10a
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• pp.301-302
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• 1996