• Journal of Environmental Impact Assessment
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• v.22 no.1
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• pp.117-124
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• 2013

The introduction of Extended Producer Responsibility(EPR), voluntary agreements and operating were analyzed in this study. The voluntary agreement to participate in the manufacturers, recyclers and management reporting agency data and literature data to verify through research and analysis assessing the performance of the management plan for this system was analyzed. The effectiveness of Voluntary Agreement(VA) on waste analysis system of voluntary agreements with the voluntary agreement of waste reduction savings exemption amount and reductions in greenhouse gases, such as comparison and understanding of business organizations participate waste recycling effects were verified. The Voluntary Agreements as a means of future regulatory system for the ongoing operation of the waste recycling operations and systems effectiveness analysis of the problems appearing in operators and manufacturers suggest ways to improve it.

• Environmental and Resource Economics Review
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• v.15 no.1
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• pp.95-133
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• 2006

This research first reviewed and analysed the current domestic situation of the voluntary agreement implementation and then it developed the policy implementation scenarios which will be applied to the model, KORTEM_ V.2. The model, consisted with 83 industries and commodities, examined the economic and environmental impacts of this policy instrument. Depending on the efforts of participating sectors and agents for fuel substitution and energy efficiency improvement, it has been evaluated that the voluntary agreement could be the "no-regret" policy. In other words, if the participating sectors and agents can achieve the voluntary energy conservation and emission reduction target without the negative impact on output level, the reduction of national emission will be achieved by creating the economic benefit, simultaneously. Therefore, for the successful implementation of voluntary agreement, this study emphasized the importance of expansion and strengthening of the current financial and institutional support for participating sectors and agents.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.55-88
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• 2002

Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.

• Journal of Environmental Policy
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• v.5 no.4
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• pp.107-126
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• 2006

The voluntary agreement between industries and government on the recycling of wastes has been analysed. The agreement is one of the threatened voluntary agreements. Theoretically these agreements make it possible to fulfill recycling goals with minimized cost. It is the objective of this paper to evaluate the efficiency of the voluntary agreement on recycling wastes by examining of Nash Equilibrium. In the first place, the equilibrium of a bilateral agreement between the representative of industries (association of firms) and government will be analysed to confirm if cost minimization strategies by the association result in a sub-game perfect Nash Equilibrium. This is followed by an analysis of a multilateral agreement among the members of the association to see how the equilibrium and efficiency conditions change. We tried to find some implications that the result of the analysis casts on the environmental policy matters.

• Proceedings of the KIEE Conference
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• 2006.07a
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• pp.382-383
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• 2006

본 논문은 에너지절약 및 온실가스 배출감소를 목적으로 시행하고 있는 에너지절약정책 중 산업체 자발적협약(Voluntary Agreement)제도의 정책효과를 계량화하기 위한 접근방법을 제시한다. 시책 추진효과의 계량은 2단계 접근으로, 1단계에서 절감효과(에너지 절감 및 온실가스 저감)를 파악하고, 2단계에서 이를 가치화하는 과정으로 수행된다.

• Journal of Environmental Health Sciences
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• v.45 no.4
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• pp.321-325
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• 2019

The recent humidifier disinfectant disaster has caused a great change in our society and lead the Korean people to lose faith in the government and corporations. To overcome this mistrust, the government and corporations have undertaken certain efforts, including a voluntary agreement on consumer product safety. All the ingredients of a consumer product should be disclosed according to this voluntary agreement. There were also unexpected benefits occuring from this process. We found that the concept of corporate responsibility for product safety differed greatly among the various actors in Korean society. Corporations believed that a product could be considered safe if it contained no regulated substances. We have come to believe that this may be an important cause of the humidifier disinfectant disaster. The Korean government, corporations, and civil organizations have reached a consensus that it is a corporation's responsibility to evaluate the risks of products before they are introduced to the market. However, the limitations of these voluntary efforts are clear, and the legal system needs to be improved. We suggest that the concept of extreme recklessness should be introduced into regulations on product safety.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.165-187
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• 2011

This paper investigates on the legal doctrine of "voluntary, knowing, and intelligent" (VKI Doctrine). The main points that were discussed include the history of the VKI doctrine and the US courts' attitudes toward the doctrine. It was also discussed how the VKI doctrine influenced the protection of consumer who agreed to arbitrate with businesses. The US courts' attitudes have shown to be split in application of the VKI doctrine to disputes in the enforceability of arbitration agreement between the consumers and the businesses. In order for the arbitration agreement to be invalidated, the state legislature cannot enact law that are directly targeted toward the validity of arbitration agreement. Rather the contract law in each of the state should be applied to the evaluation of the validity of an arbitration agreement. As the more and more consumers become familiar with the arbitration, the need for the VKI doctrine to protect the individual consumers in arbitration is expected to be diminished in future disputes.

• The Journal of the Korea Contents Association
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• v.7 no.12
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• pp.105-113
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• 2007

Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.147-178
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• 2005

Arbitration agreement is an agreement by the parties to submit to arbitration all or certain dispute which have arisen or which may arise between them. Arbitration agreement is an important factor to judge the existence of the mutual arbitration agreement and it should be the object of examination before anything else to judge the existence of the mutual arbitration agreement. Recently the Supreme Court seemed to make negative position about validity of selective arbitration agreement. However theoretically and scientifically selective arbitration agreement is a valid arbitration agreement. Examine selective arbitration agreement throughly according to the autonomy of the parties rules, wide jurisdiction rules of interpretation, principle of kompetenz-kompetenz, and moses cone presumption rule of interpretation, selective arbitration agreement is a valid arbitration agreement. Also analyze precedents in accordance with validity of selective from all angles which are voluntary agreement of the parties, agreement in writing, principle of private autonomy, comparative study of domestic and foreign precedents and mutual relation of arbitration and trial, selective arbitration agreement based on principle of private by the parties is considered a valid arbitration agreement. Courts should actively accept selective arbitration agreement as a valid arbitration agreement to make foreign companies prefer arbitration in Korea and in oder for arbitration to be widely used in disputes.

• Journal of Distribution Science
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• v.13 no.10
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• pp.93-99
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• 2015

Purpose - It has been argued that the regulations restricting entry and opening hours of General Super Markets and Super Super Markets have not been as effective as expected. In contrast, the win-win item scheme that appeared recently has the advantage that it could raise the effectiveness of the system in that win-win items are in principle resigned on the basis of bilateral agreements. This study analyzes the win-win item agreement made between Homeplus at Hap-jung and small traditional markets to examine the practical effectiveness of the win-win item scheme. While existing literature studying the regulatory effects have concentrated on the restrictions around store entry or opening hours of large retailers, it can be said that there have been few empirical studies on the effect of win-win items agreement with large retailers. Research design, data, and methodology - Homeplus at Hap-jung made a win-win items agreement with nearby small traditional market traders in 2013. In accordance with this voluntary agreement, Homeplus started by limiting its sales to 15 win-win items. The survey was conducted through one-on-one interviews, April 14 to May 2, 2014, by a professional public opinion research agency. The interviews were targeted at small business retailers in the nearby traditional market. We divided the traditional markets near Homeplus at Hap-jung where the win-win item agreement was achieved into two groups, win-win item agreement markets and non win-win item agreement markets, to compare the performance difference between the two groups. Results - To determine the change in sales of the 15 win-win items, we examined the performance difference between the two groups using two criteria (compared with similar items, and compared to sales volume a year ago). The results show that the individual sales of win-win items in the win-win item agreement markets are more likely to increase than in the non win-win item agreement markets. Total sales volume of individual stores in the agreement markets also showed a more significant increase compared to a year ago than those in non win-win item agreement markets. Conclusions - Contrary to the existing retail regulations that have one-sided and uniform characteristics, it can be pointed out that the win-win item scheme has the effect of increasing the success of the system itself because it is done on the basis of mutual agreement between General Super Markets and traditional markets. The empirical results of this study can be said to support this conjecture. For the successful settlement of a win-win items agreement, the following points should be reviewed. First, it requires a great effort from the selection process of win-win items in order to improve the effectiveness of the agreement. Second, the existing General Super Markets customers should be introduced to the traditional markets or small shops to increase the sales of win-win items. Therefore, voluntary effort is essentially required from the traditional markets to engage customers.