• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• IEMEK Journal of Embedded Systems and Applications
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• v.3 no.4
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• pp.244-250
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• 2008

This paper describes the design and implementation of an unmanned ground vehicle (UGV) and also estimates how well autonomous navigation and remote control of UGV can be performed through the optimized arbitration of several sensor data, which are acquired from vision, obstacle detection, positioning system, etc. For the autonomous navigation, lane detection and tracing, global positioning, and obstacle avoidance are necessarily required. In addition, for the remote control, two types of experimental environments are established. One is to use a commercial racing wheel module, and the other is to use a haptic device that is useful for a user application based on virtual reality. Experimental results show that autonomous navigation and remote control of the designed UGV can be achieved with more effectiveness and accuracy using the proper arbitration of sensor data and navigation plan.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.25-53
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• 2013

With the Korea-China FTA negotiations currently on the line, the importance of research into the FTA dispute settlement system has been increasing. In this paper, a comparison of Korea and China's FTA dispute settlement agreements concluded with ASEAN is contemplated, and implications for the future of the Korea-China FTA have been suggested. The FTA dispute settlement agreements with ASEAN concluded by both Korea and China provide perspectives on both sides. This agreement with ASEAN also provides a standard for the potential Korea-China FTA agreement. Specifically, the basis of these agreements with ASEAN is the same, although there are clear distinctions, described in a more detailed manner. A problem arises when there has been no discussion on dispute settlement agreements in Korea, especially of the agreement with ASEAN, whereas the opposite is true of the China counterpart. In this paper, Chinese academic FTA dispute settlement agreement studies have been also examined.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.99-119
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• 2009

In modern capitalistic society, the harmed consumers like consumer complaints etc. are increasing day by day being caused by mass production and mass consumption etc. These consumer damages can come out as many types, but can be the most typical form. If there is a majority of the small sum damage, being saved by legal procedures is a fact that many consumers renounce it for long time, lots of expense and the complexity of the process etc. So, the government enforces consumer groups suit and collective dispute mediation system revising Framework Act on consumer. Specially, collective dispute mediation system, one of the ADR, saves the harmed consumers and accomodates efficiency in management of consumer dispute settlement commission by dealing with it collectively if the same or similar damage without a legal procedure happens to a great number of consumers. However, collective consumer dispute mediation system also has a number of problems. Therefore, this thesis is looking into the function and procedure of the collective consumer dispute mediation system on Framework Act on consumer as well as its problems and ways of improving it.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.139-160
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• 2020

Shalish is a key ingredient of the dispute resolution culture in Bangladesh since a formal court system has been known to show inefficiencies, such as overburdened cases and litigation process delays. This paper investigates the main function of Shalish and examines the evolution of Shalish in the perspectives of its three variants: a community-based Shalish, a village court, and an NGO variant of Shalish in modern extensions. It was found that traditional Shalish may play a role in the dispute resolution system in modern villages. A village court is a kind of hybrid dispute resolution system combining an informal dispute resolution with a formal court system. A village court is administered by the Union Parishad without intervention from the central government. Both the Shalish and village court have the weakness of unfair verdict exercised by local elders within a community. For this reason, an NGO variant Shalish is to reflect voices of women and other lower people in the community. To this study's interpretation, a village court is a new kind of Shalish combined with a formal court system while an NGO variant Shalish is also a "new" Shalish combined with a mediation system. In this respect, core elements of Shalish tradition have not been changed although various forms of new dispute resolution systems have emerged in the modern world.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.3-29
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• 2020

The WTO's dispute settlement system has played a significant role in settling trade disputes between countries, and its function and role have been expanded by handling about 596 disputes since its establishment in 1995. This shows that the WTO's dispute settlement system is gaining enormous trust among member countries that it recognizes as a fair, effective, and efficient system for resolving trade disputes. The U.S. remains uncooperative in the WTO dispute settlement system, citing disregard for the 90-day deadline for appeals, continued service by persons who are no longer A.B. members, issuing advisory opinions on issues not necessary to resolve a dispute, A.B. review of facts, and review of a member's domestic law de novo. The A.B. claims its reports are entitled to be treated as a precedent. These problems should be gradually improved through various discussions and agreements by establishing a multilateral forum for resolving disputes and gradually ending the problems through reform of the DSU.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.137-160
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• 2021

The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.

• Proceedings of the Korean Institute of Communication Sciences Conference
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• 2004.11a
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• pp.314-314
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• 2004

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.67-91
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• 2009

Nowadays, Alternative Dispute Resolution in terms of reconciliation, arbitration, and mediation is in the spotlight as a try to overcome the limits of a lawsuit as well as the judicial reform. Since many articles have studied ADR in America, Germany, Japan and the like which developed the system in advance, this article compares ADR in major Asian countries including China, Indonesia, Singapore, Thailand, Malaysia, India, and Vietnam etc. introducing ADR organizations as well. On the matter of vigorous trade and investment between Asian countries currently, it seems inevitable not to have consequential disputes through international exchange. Thus it will be very useful to know the law to resolve the conflict between the countries involved. This article is written to help to resolve the disputes in Asian countries and provide research materials to develop ADR in Korea by comparing the ones in major Asian countries. In addition, the comparative study of ADR in Asian countries should be continued to find the model which best fits in Asia as well as to nurture talent.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.425-457
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• 2004

This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.