• 한국중재학회지:중재연구
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• 제31권1호
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• pp.155-171
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• 2021

Recently, the e-business market has become a place of convergence where consumers and suppliers communicate with each other, and a new method of trading of funds has emerged in the process. Crowd-funding is one of the types of money transactions that have emerged in the online space, and its interest and trading volume have been growing rapidly recently. The platform in the online space using crowd-funding method operates in the form of online telecommunication sales, and it is in the form of producing and delivering products based on funds obtained from potential consumers by the operators involved in securing funds. However, if the participating business operators do not deliver the product or deliver the product other than the promoted product and avoid responsibility, the potential demander will not be compensated without mediation by the platform operating entity. In this study, despite the rapid growth in the market size of crowd-funding, consumers who participated in the funding are protected and able to resolve disputes in the event of a conflict amid growing complaints from potential consumers and side effects. The structure or method of crowd-funding is a new form of trading that has different features from conventional e-commerce. Therefore, the legal basis is not yet in place and the standards need to be laid out through various and sufficient discussions politically, legally, socially and culturally and economically. As the potential market and positive effects of crowd-funding around the world have been recognized, a role is required as an ecosystem for new financial transactions. And the potential market could be realized as a new industry if the right legal system and policy consultation were made.

• Journal of Construction Engineering and Project Management
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• 제4권4호
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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.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.47-76
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• 2021

India is one of the fast growing country in the world. For the acceleration of economic growth of India, it is indispensable for Indian government to construct infrastructure, such as railroad, airport, harbor, power plant, and water management system. For example, Modi, prime minister of federal government of India proclaimed that Indian government plans to construct 100 smart cities in 2015. In recent times, India is expected to be the largest recipient of Public-Private Partnership(PPP) type projects in the world. Owing to PPP, it is possible for India to pursue her objective to transform the whole economy into digital economy beyond agricultural society. One of major problem related with implementation of PPP type projects is the growth of disputes concomitant to the rising phenomena of PPP type projects in order to build infrastructure in India. Because of this, non-negligible number of projects has been cancelled during last two decades. This study investigates seven failure cases of PPP in India. Those include Nabi mumbai airport, Dabhol power plant, Munbai water project, and Kolkata subway project. Main types of dispute resolution are mediation or conciliation, dispute review board, arbitration, expert adjudication in PPP.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.315-344
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• 2004

Although we try to increase the order of turn key construction for the international competitiveness strengthening, the construction quality advancement and the productivity enhancement of the public sectors, the problems of the domestic turn key systems are causing the hardships of all the participants and many possible disputes. The home turn key constructions have been activated since 1997. A lot of trial and error had been experienced in these days, and the turn key systems have been changed little by little. But the bases are continuously kept because of their reflecting all the participants' opinions. In the inner turn key constructions the problems of uniform types are repeatedly occurred, and, especially, many problems happen up to the stage of early stage owing to the specialties of the turn key construction. So the dispute factors of the Korean turn key constructions were abstracted through the literature searches, the site document examinations, the case studies and the interviews with the experts. When the technicians meeting the interior turn key construction for the first time and working here now are well acquainted with only these factors, many disputes will be prevented.

• 한국중재학회지:중재연구
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• 제24권1호
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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.

• 한국건설관리학회논문집
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• 제19권4호
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• pp.34-42
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• 2018

공동주택은 국민 대다수가 선호하는 대표적인 주거양식으로 자리매김한 반면, 완공된 공동주택의 기초 골조 설비 마감 및 조경 등의 수많은 구조체와 마감재에서 균열 침하 파손 누수 결로 및 탈락 등의 다양한 결함이 발생하여 하자없는 신축 공동주택을 원하는 입주자와 하자가 발생하는 것은 불가피하다고 주장하는 사업주체간에 분쟁이 지속적으로 발생하고 있다. 이러한 하자분쟁은 입주자와 건설업체 모두에게 경제적 손실을 발생시킨다. 이러한 관점에서 본 논문에서는 하자분쟁사례를 활용하여 공종별 각 보증기간의 하자보수 빈도 및 비용을 분석하고, 이를 종합하여 공종별 각 보증기간의 하자보수위험을 평가하여 하자보수보증금 산정에 대한 시사점을 도출하는 것을 목적으로 한다. 이를 위해 본 논문에서는 준공 이후 10년 이상된 공동주택 하자분쟁사례 32건, 5337개의 하자아이템을 활용하여 공종별 각 보증기간의 하자보수위험을 평가하였다. 하자빈도와 하자비용을 종합하여 공종별 하자보수보증기간의 하자비용을 분석한 결과, 철근콘크리트공사와 마감공사의 하자위험이 매우 높은 것으로 파악되었다. 이는 결국 하자보수보증금이 일률적으로 연차별로 배분되어 있는 것에 문제점이 있음을 나타낸다. 또한 하자보수보증금의 경과년수에 따른 반환비율과 경과년수에 따른 하자위험을 비교한 결과, 기존 반환비율에 대한 조정이 필요할 것으로 나타났다.

• 한국건축시공학회지
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• 제24권2호
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• pp.249-260
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• 2024

최근 공동주택의 주거 비율이 높아짐에 따라 이에 따른 하자분쟁이 증가하고 있는 추세이다. 이러한 하자들 중에서도 마감공사는 발생빈도가 가장 높으며 이를 보수하기 위한 막대한 비용이 발생한다. 그러므로 이러한 문제를 해결하기 위해 하자 발생빈도 및 보수비용을 활용한 하자위험도를 미리 도출하여 하자순위별로 사전에 예방할 수 있는 관리기법의 개발이 필요하다. 따라서 본 연구에서는 공동주택 마감공사의 하자유형별 분석 및 위험성 평가 방법을 도출하는 것을 목적으로 한다. 이를 위해, 최근 준공된 마감공사 하자사례를 조사하여 하자위험 우선순위를 도출하고 하자관리를 위한 위험성 평가방법을 제시하였다. 본 연구의 결과는 공동주택 마감공사의 품질향상을 위한 관리제도 개선의 근거자료로 활용될 것이다.

• Archives of Plastic Surgery
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• 제44권4호
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• pp.283-292
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• 2017

Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

• 한국중재학회지:중재연구
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• 제18권1호
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• pp.121-145
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• 2008

Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

• Strategy21
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• 통권33호
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• pp.113-147
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• 2014

While China's military rise is an issue of growing importance to regional security, it is worthwhile to note that it is not China's military modernization per se, but its capacity to project and sustain power along and beyond its borders--in particular, the possibility to resolve forcefully its outstanding maritime disputes and various contingencies. This essay argues that China's "anti-access capability"--a U.S.-coined term originally developed for a Taiwan contingency--is equally applicable to other major regional cases such as the Spratly disputes and a North Korean contingency. Furthermore, notwithstanding China's continuos efforts to develop and deploy various types and classes of weapons/platforms, it is the Russian systems and technologies that are most capable and thus likely assigned to the highest mission-critical areas. In assessing China's current and likely future military capability as well as their implications for the region, it is necessary to take note of the following: • There exists asymmetry of military capability between China and its weaker neighbors. While the PLAN is weak in several important aspects, for instance, many of its neighbors' navies are weaker still. • Some have argued that China's foreign policy behavior apparently became more "assertive" in 2009-2013, but it is wiser to keep in mind that China has almost always been assertive and aggressive when it comes to what China defines as "sovereignty and territorial issues" as well as its newest "core interests." • On the South China Sea disputes it is the function of U.S. presence in the theater--in the form of overseas bases and the freedom of navigation--and the PLA's own limitations to project and sustain power for an extended period of time that have largely prevented armed. • While Taiwan remains the idee fixe of China's diplomacy and military, it is and will be a tough nut to crack. China's recent creeping attempts for economic integration with Taiwan should be seen in this context. • China and Japan, the two regional heavyweights and traditional rivals, will likely have a bilateral relationship that is replete with difficulties and tension. China's unilateral announcement of its ADIZ in November 2013 as well as the occasional yet persistent disputes with Japan over the Senkaku/Diaoyudao/Diaoyutai islands are only the latest manifestation of this deeper and difficult relationship. • For Korean security it is imperative to take into account the geostrategic and historical factors. On top of the existing military threats from North Korea, the ROK should be able to employ a) hedging strategy, b) "limited defense sufficiency" strategy, and c) rock-solid relations with the United States.