• 한국중재학회지:중재연구
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• 제22권2호
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.235-262
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• 2004

A study on the international Jurisdiction to Application in Electronic Transaction Disputes The implementation of electronic commerce raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic commerce 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 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 jurisdiction to adjudicate, or international adjudicatory jurisdiction, 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 international jurisdiction given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, International jurisdiction to application concerned about electronic commerce should be prepared and the environment to keep electronic commerce secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic commerce infrastructure.

• 한국중재학회지:중재연구
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• 제30권4호
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• pp.71-94
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• 2020

When a dispute or conflict occurs, standard methods for resolving them include resolution by trial or resolutions outside of courts. An alternative dispute resolution method called ADR that aims at remedying disputes instead of filing lawsuits is used commonly throughout the world, including the US and China. ADR, which is a remedy method outside of courts, includes negotiation, arbitration, or mediation between the concerned parties, and the arbitration system has several advantages. The Lemon Law is a consumer protection law of the United States that was enacted in 1975. This law prescribes that when specified quality standards are not met repeatedly due to defects in vehicles or electronic products, the manufacturer must provide exchanges or refunds to consumers. Korea also enacted a newly revised automobile management act, the Korea "Lemon Law," on January 1, 2019, which allows consumers to receive exchanges or refunds from the manufacturer if the same malfunction repeatedly occurs after purchasing a new automobile. There have recently been many cases of large fires occurring while driving import vehicles, causing huge public rage; therefore, interest is being focused on the revised automobile management act. Part 5-2 of the automobile management act was newly added to implement automobile exchange or refund arbitration systems. It is desirable to utilize the arbitration system to smoothly resolve automobile-related disputes that have recently increased significantly, and it is thus being used frequently for practical purposes.

• 한국중재학회지:중재연구
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• 제33권1호
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• pp.23-49
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• 2023

An ICSID award on Lone Star case has been rendered finally on August 31st, 2022 after almost ten years since the Lone Star Funds submitted the request for arbitration against the Republic of Korea in 2012. The Lone Star case is the first investor-state dispute settlement(ISDS) case brought against Korea, and this case, also known as "eat and run" case, has given rise to heated debates for years. Moreover, as the ICSID tribunal has ordered Korea to pay the Lone Star Funds the sum of USD 216.5 million plus interest in the award, this case has become once again the subject of controversy. Any arguments and evidence submitted by the parties in dispute have not been disclosed until recently, however, as the memorials and the award are now open to the public, it has become possible to realize the assertions of each party and the decisions of the tribunal in detail. Therefore, this paper aims at analyzing the main issues of the Lone Star case with a focus on the ICSID award. By examining the substantive and procedural issues of the case one after the other, it might be able to understand the whole picture of the case and prepare for the remaining procedures of this case and other upcoming cases as well.

• 무역상무연구
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• 제77권
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• pp.91-112
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• 2018

Mediation is one of several alternatives to litigation or arbitration. It is the most informal of the alternatives and the only one that gives the parties control over the outcome. The mediator in mediation is there to help the parties persuade each other that it is in their best interests to settle. As several advantages of mediation, it is considered as the fastest way to resolve a dispute because procedures associated with litigation are not imported into the process. In mediation, the client's resources are focused on resolving the dispute as opposed to building armaments of evidence to buttress legal and factual positions. The AAA commercial mediation rules and operations in the USA are very successful owing to professional training for mediators and simple procedures for mediation to the public. Comparison with USA mediation, KCAB mediation system has several weak points. KCAB mainly deals with administrative matters related to Foreign Trade Law. Therefore, it is necessary for KCAB to come up with more improved international commercial mediation. For example, mediation should be promoted to the public as who easily rely on litigation or arbitration. Second, Setting a rule for easy access to mediation is needed by bench marking AAA's mediation guidelines and operations. Third, professional mediators should be developed by establishing relevant ADR course in law schools. This article investigated some differences of mediation system between KCAB in Korea and AAA in USA, and present some suggestions in order to promote International commercial mediation in KCAB.

• 지역연구
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• 제10권1호
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• pp.89-104
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• 1994

Recently, environmental issues have remained high on the agendas of public discussion and economic research. In the case of Korea, democratic movement in the late 80's centered people's concerns on the environmental dispute according to landfill, correctional institution, crematory, and nuclear powerplant, etc., Moreover, the failure to provide these kinds of facilities in time have caused serious social problems associated with environmental protection and economic development. The purposes of this paper are threefolds. First, they organize foreign and domestic NIMBYS case studies which have been settled in a desirable way. The second concern is to analyze the consciousness of NIMBYS resident by making up a questionnaire. Third, they estimate the market values of urban unwanted facilities by employing CVM(Contingent Valuation Method) procedure. The results of the study have a double implication : that NIMBYS resident are reluctant to accept government mechanical compensation based on simple published land values, and that unique concensus to preserve the viability and healthfulness of our environment among three main bodies: residents, people, government is necessary in solving NIMBYS subjects in Korea. In addition, this first implication develops to emphasize the intrduction of releveant measures taken to reconcile NIMBYS disagreement, which are complete openness of government policies, full support of local economic development, and perfect management of pollution protection systems for NIMBYS facilities.

• Strategy21
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• 통권38호
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• pp.13-46
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• 2015

Dokdo issue reaches beyond economic and security interest to Koreans, as it is regarded as symbol of her independence. Albeit the fact that Japan has merely no legitimate title over Dokdo, Japan has been tenaciously insisting their jurisdiction over Dokdo since the independence of Korea. Under such circumstances, public outrage towards Japan is most certainly understandable. Yet, mere outrage itself, lacking in logic and factual grounds, can contribute little if not any, to the desirable solution of the problem. Precedents reveal that dealing maritime issues amid lack of profound understanding in international law has often led to undesirable results, such as the inclusion of Dokdo in the Joint Management Fisheries Zone in 1999 Korea-Japan Fisheries Agreement. In a sense, adroit use of international law is a critical element in preserving Korea's sovereign rights against persistent Japanese plans to rob Dokdo once again. The Dokdo issue is inextricably bound to international law; the legal status of Dokdo as island, the equitable solution of maritime boundary delimitation and effective control, existence of dispute. Yet, the public policies and arguments made by pundits are generally in lack of understanding in international law. It is now the time for Korea to commence on long-term cross-academia / department plans to establish Dokdo strategy as part of the nationwide maritime strategy effectively using international law as its stronghold.

• 한국컴퓨터정보학회논문지
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• 제19권4호
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• pp.139-147
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• 2014

의료분쟁은 전 국민을 대상으로 하는 의료보험사업의 시행과 더불어 건강에 대한 국민들의 관심이 증가하고 의료수요가 급격히 증가되는 가운데 필수 불가결하게 발생하는 문제이다. 분쟁의 대상은 대부분 의료인의 의료과오로 인한 형사적 처벌과 민사적 피해구제와 관련되는 것으로, 종래에는 합의에 의한 해결이 우선시 되었고 나아가 소송과 실력행사를 통해 해결하려 하였으나 명확한 기준과 관련 법제의 미비로 인하여 합리적이고 원활한 해결에 어려움이 있음을 부인할 수 없다. 이를 위하여 의료사고 처리와 의료분쟁을 분쟁당사자들 간의 자율적인 문제로 해결할 수 있도록 우여곡절 끝에 "의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률"(이하 '의료분쟁조정법')은 2011년 4월 7일 제정되어 2012년 4월 8일 시행되었다. 이는 조정이나 중재로써 당사자 간의 갈등을 해결하려는 입법적인 취지가 있겠으나 의료분쟁조정법의 내용상 형사적, 민사적 관련 현행법과의 선결 되어야하는 문제와 더불어 헌법적 관점에서 고찰해야 할 검토 사항이 있다. 따라서 본 논문에서는 의료분쟁 조정법과 헌법상의 쟁점 및 형법적, 민법적 쟁점사항을 알아보고 이에 대한 해결과제를 모색하여 보다 안정적이고 효율적인 의료분쟁의 해결이 될 수 있도록 하는 계기가 마련되기를 기대해 본다.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.403-424
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• 2004

In the solutions of civil disputes, there are decision of a court and alternative dispute resolution. Arbitration is one of alternative dispute resolutions. The decision of a court is the compulsory settlement and the solution by citizenship between two opposing parties, but arbitration is the autonomous and voluntary settlement by a private person, that is arbitrator. Besides these points, arbitration has various features in comparison with a decision of a court. The procedure of arbitration is not open to the public and single trial system guarantees speedy solution of disputes In the procedure of arbitration, arbitrator who pass judgement is selected and appointed by the parties to an affair. And there are questions how the arbitrator to become independent from them. Because Arbitration is not agreed solution which based on the concession between opposing two parties but imposed solution which is alike decision of a court. This study illustrates the system of challenge on arbitrator to guarantee independence of arbitrators.

• 한국중재학회지:중재연구
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• 제15권2호
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• pp.3-35
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• 2005

The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.