• 환경정책연구
• /
• 제9권4호
• /
• pp.125-154
• /
• 2010

오늘날 국가 또는 사회 문제 가운데서 가장 해결하기 어려운 것이 행정당국, 사업시행자, 해당 지역주민 그리고 시민단체 간의 환경분쟁이다. 이러한 분쟁은 환경파괴, 비용과 편익의 불공평성 등으로 인하여 입지과정에서 관련 지역공동체의 강력한 저항이나 반대, 즉 님비(NIMBYism)를 유발한다. 지역기피시설(locally unwanted land uses, LULUs)의 입지나 개발에 대한 반대는 지역공동체의 이기적 편협적인 님비에 기인하는 것이 아니라 삶의 장소와 생태계를 보호하려는 지역주민의 합리적이며 정당한 요구의 표현이다. 따라서 이러한 입지갈등을 해결하기 위해서는 종래와 같은 결정-발표-옹호(decide-announce-defend, DAD)로 표현되는 그들과 우리라는 적대적인 관계가 아닌, 이 해당사자들의 상호작용, 즉 협상에 의한 합의형성(consensus-building)을 하려는 상황이 이루어져야 할 것이다. 이러한 협상은 보다 바람직하며, 실행가능성이 높은 자발적인 과정으로 대안적 분쟁해결(alternative dispute resolution) 방법이다. 이러한 합의형성에 영향을 주는 요인으로 다음 3가지를 들 수 있는데 i)주민참여보장, ii)형평성제고 및 iii)신뢰성강화 등이 그것이다. 이러한 3가지 요인들은 상호 연계되어 상호작용을 하는 체제로 간주할 때 그 시너지효과는 보다 커질 것이다.

• 한국건설관리학회논문집
• /
• 제7권4호
• /
• pp.164-176
• /
• 2006

Conflict may occur during teamwork activities. Conflict is the incompatibility of interest of participants; hence, it is more common in a wide varied activities involved construction field. Goals and values involve positive or negative features and are therefore common sources of conflict in construction field. Excessive conflict is a major hindrance to the effective operation of a team. If the conflict is not managed timely and properly, it could be transformed into a big dispute, thus to avoid these situation, it is necessary to augment working together culture. This paper aims to identify project team working factors and to uncover underlying relationships between these factors. A questionnaire survey was used to collect data from professionals. Factor analysis was employed to categorize twenty-one teamwork items evaluated by 169 respondents working in three major construction parties namely, owners, consultants and contractors. Factor analysis uncover that these team work factors can be grouped under three categories titled as: integrative working culture, relationship building and trust building. Multiple regression analysis however, showed that relationship building factor does not influence job satisfaction of project participants. Results of this study can be used as a tool to strengthening relationship between project participants in the construction industry.

• 한국건축시공학회:학술대회논문집
• /
• 한국건축시공학회 2005년도 춘계 학술기술논문발표대회 논문집
• /
• pp.141-147
• /
• 2005

Usually, processing whole project or a part of frame work delays due to acceleration, changing orders, management, characters of project. overtime, worker crowding, early occupation in the field of construction. Through a whole project, these factors cause decreasing construction labor-productivity which is the most dependent in business of construction. These kind of decreasing of construction labor-productivity cause many negative effects, just as extension of time, increasing cost in project of construction. Regardless of characters of construction or decreasing labor-productivity, extension of time is a incident which needs acceleration, also it cause a high possibility of claim and dispute. The productivity has just a broad meaning in business of construction. That's why it's difficult to apply in the field of construction. Especially, factors increasing or decreasing labor-productivity is defined by analysis of working as qualitative and outlined evaluation. However, study of the each factor decreasing construction labor-productivity analysis has not researched, because of difficulty of systematic measurement and management. The existed studies about management of productivity are just focused on estimation of productivity, not on evaluation of productivity. It was true that I couldn't examine clearly about the analysis of how much important per each the factor which have influence on labor-productivity because of the characteristic as qualitative that the labor productivity have On this study, i tried to get the factors decreasing of labor- productivity with gathering opinions of panels of expert's studies about the factors decreasing of labor-productivity on project of construction through Delphi method and i evaluated the result factors as quantitatively and subjectively about importance of factors decreasing construction labor-productivity Analysis, using AHP Method by Saaty. Also, using Delphi and AHP method, 1 suggest substantiated method qualitative factors are measured by quantitative criteria.

• 한국건축시공학회지
• /
• 제11권3호
• /
• pp.208-220
• /
• 2011

공동주택 하자분쟁을 해결하고자 하는 노력의 일환으로 최근 하자분쟁조정제도가 도입되었다. 하지만, 당해 제도는 현재의 하자분쟁의 쟁점사항과 분쟁 당사자들의 입장을 제대로 반영하고 있지 못하다. 또한, 제도의 내용과 절차에서 많은 미비점이 존재한다. 본 연구에서는 하자분쟁의 여러 내용적인 측면 중에서 기술적 쟁점사항에 대해 정리하고 하자분쟁조정제도가 정착되기 위한 대안마련을 검토하였다. 그 결과 현행 하자분쟁의 판정논리체계요소에 대해 정리할 수 있었고, 이에 효과적으로 대응하기 위한 전략으로서 활성화 방안을 제시하였다. 그 기본 원칙은 조정자와 분쟁 당사자간의 신뢰관계를 구축해야 하는 것이며, 사회적 기대사항에 대한 부합, 제도적 차원의 활성화 방안이 뒷받침되어야 할 것으로 판단된다.

• Ocean and Polar Research
• /
• 제28권2호
• /
• pp.175-186
• /
• 2006

There are disputes for oil and gas development between China and Japan in the East China Sea. These involve the area where China is already carrying out activities of oil and gas development and where Japan is proclaiming its EEZ. China insists that the Chinese activities on oil and gas development area are being carried out within the Chinese jurisdictional waters even if the median line principle of Japanese proclamation is applied in delimitation. Indeed, the permit for Japanese development is causing disputes between China and Japan because its permit allows development in the waters adjacent to Chinese development area. h the event, the core of this dispute around the oil and gas field in the East China Sea relates to issues of maritime boundary delimitation and issues of resources acquisition with both states. Chinese policy on oil and gas development is to first consider development issues in accordance with a median line principle where waters toward to China from the median line should be developed by China and the area toward Japan from the median line within the Chinese continental shelf should be jointly developed. However, the Japanese position is that the East China Sea should be jointly developed, and Japan hopes to eventually convince China to accept its median line delimitation. With on-going development of such issues, Korea should establish a strategy of negotiation based on analyses of resource distributional conditions and other strategic factors in the Korean delimitation area. In particular, Korea should prepare and make the best use of joint development zone established in an agreement between the ROK and Japan concerning the development of the southern part of continental shelf adjacent to both states.

• 한국중재학회지:중재연구
• /
• 제11권1호
• /
• pp.37-73
• /
• 2001

I. Preface It is widely understood that the 21st century, with the development of information technology(IT) and the spread of networks, will be called a digital economy where information-driven business will be norm rather than the smokestack economy of the past. And the drastically changed world market is expected to generate even more commercial transactions across the world creating large numbers of legal disputes. Therefore, each country will attempt to develop ADR(Alternative Dispute Resolution) as an alternative to judicial proceedings in order to cope with not only the ever-increasing international commercial claims but also domestic legal disputes. Taking this reality into account, this study begins with an exploration of mediation procedure as a way of helping the court faced with its overwhelming numbers of lawsuits. And also this study makes a theoretical comparison between ADR and mediation procedure, analyzing critical factors affecting the mediation agreement. Furthermore, it is designed to find ways for disputing parties to make better use of mediation and ensure fairness to the parties involved. It tries to enhance mediators' understanding of critical factors influencing the mediation agreement and their ability to handle commercial disputes in a more efficient way. To make an empirical analysis of these factors, bibliographic research and questionnaire were used. This analysis will fill the gap between the theory and reality, and make possible the structured research on the factors. Therefore, this study sets the model by which we can evaluate how the three critical factors (parties' inclination, mediators' characteristics, institutional features) affect the parties reaching a mediation agreement. Based on this analysis, a theoretical hypothesis was built and a questionnaire was made and distributed. During the course of this work, SPSSWIN 10.0 program was applied.

• 한국건축시공학회:학술대회논문집
• /
• 한국건축시공학회 2002년도 학술.기술논문발표회
• /
• pp.111-116
• /
• 2002

The delay of the completion of the construction project occurs frequently because the origin schedule is affected by numerous factors that contribute to the overall delay in completing the project. But in our country. the dealing with a claim is not sufficient yet by reasons of fairl relation between owner and constructor, cognitive shortage in claim, and such. especially they have make a wrong application of baseless the rule. In this study. we make a rational model ; that includes calculating of dispute costs, and suggest the solution and the prevention for claim by considerating the law followed liquidated damages.

• 한국중재학회지:중재연구
• /
• 제32권4호
• /
• pp.3-31
• /
• 2022

In the past, there has not been a law with the main purpose of preventing or preventing a risk in advance in order to protect the safety of patients in relation to medical services. It is evaluated that the enactment of the Patient Safety Act has a very important meaning in protecting patient safety as the top priority and further improving the quality of medical care. However, looking at the status of patient safety accidents reported to the Patient Safety Reporting System after the Patient Safety Act was enacted and implemented, various types of risk factors for patient safety still exist in the medical field. Meanwhile, Korea Consumer Agency and Korea Medical Dispute Mediation and Arbitration Agency, the existing domestic ADR specialized agencies, have been operating reasonable damage relief procedures such as recommendation of settlement, mediation, and arbitration according to the purpose of their establishment. Therefore, with the aimof broadening the choice of compensation system for patients, we propose the establishment and revision of ADR-related laws to apply the damage relief procedures of both institutions.

• 국제학술발표논문집
• /
• The 6th International Conference on Construction Engineering and Project Management
• /
• pp.710-711
• /
• 2015

A nuclear power plant construction is a complex form of construction which comprises various stakeholders and contractors. Therefore, contract disputes will occur due to conflicting interests of contracting parties and unpredictable factors which arise during construction work. Even if the contract is well prepared, it cannot fully prepare for future situations in actuality. Claims management is very important in carrying out construction management. This study intends to define claim, and delve into development of claims management processes from the viewpoint of owners and contractor through consideration on international contract terms on claims management and the details of the claims management of the Construction Extension to the PMBOK. In addition, it is needed to accumulate and manage data on claims that have occurred so that they can be referenced in the future. As information should be accumulated so that type classification can be carried out and that lessons can be learned on claims that have occurred in each business site, study on establishing data-based systems relating to claims processes will be needed in the future.

• 한국중재학회지:중재연구
• /
• 제27권4호
• /
• pp.35-60
• /
• 2017

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: Arbitration is generally faster and more inexpensive (cheaper) than litigation in court. The Republic of Korea enacted the "Arbitration Industry Promotion Act" to develop arbitration. This law provides for the establishment and operation of arbitration institutions, training of arbitration experts, and support of arbitration studies and international exchanges. Effective operation of an arbitration institution has an important influence on the development of arbitration. Neutral and good arbitration experts improve the authority of arbitration. The academic study of arbitration theoretically develops the arbitration procedure. In addition, this paper referred to some additional factors that South Korea should have in order to become an attractive place of arbitration. Neutrality and fairness of the court of arbitration are highly important factors in arbitration. Therefore, the arbitration institution should be operated independently and clearly from the government to ensure neutrality and fairness. The parties of arbitration should also be free and able to defend their interests sufficiently in the arbitration proceedings. Lastly, coordination between this law and other laws is necessary.