• Archives of Plastic Surgery
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• v.43 no.3
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• pp.278-283
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• 2016

Background Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. Methods We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Conclusions Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.43-75
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• 2018

The Court of Arbitration for Sport (CAS) was created to focus on the procedural complexity in the resolution of sports-related disputes, confidentiality, the matter of expenses, and the necessity of prompt settlement in the field of international sports. The CAS had originally launched as one of bodies of International Olympic Committee (IOC), but later it became properly operational as an independent organization to facilitate sports-related disputes when the International Council of Arbitration for Sport (ICAS), which came into force in accordance with the Paris Agreement in 1984 and has acted in place of IOC, took responsibility for the administration and financing of the CAS. The CAS is composed of four divisions, the Ordinary Arbitration Division and the Appeals Arbitration Division, the Ad hoc Division created later in 1996 and the CAS Anti-Doping Division (CAS ADD) established as from 2016 only to conduct proceedings and to issue decisions on an alleged anti-doping rule violation, and two (Sydney and New York) permanent decentralized offices. The head office of the CAS is Lausanne, Switzerland. Since CAS ADD was established, CAS Ad hoc Division has had jurisdiction over the appeal case against a decision pronounced by the IOC, an NOC, an international Federation or an Organizing Committee for the Olympic Games. Although there are so many virtues of CAS as a resolution authority for sports-related disputes in terms of its organization, arbitration rules and procedures, it is also true that the CAS has not been showing the consistency. The CAS should overcome these issues through much more advanced system and its instant and fair decisions.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.27-66
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• 2005

From the reunification of Germany we can learn much for the reunification of Korea. That particularly applies for the dispute resolution of the trade relations between both states. The domestic trade relation, which was the only contractually regulated relation between two states for a long period of time, played a crucial role in the reunification of Germany, In this research paper, we examine how the economic disputes in divided Germany had been settled, and consider for the amicable economic relations between south and north Korea, what can we learn from that. In Germany, the disputes from the trade relations could be settled via the civil procedure, because the judicial codes of both German states were the same until 1975, However, that does not apply in Korea, as two Koreas have another law and another court system, from the start. We argue that arbitration is the best way for the completion of the economic disputes. Besides the general advantages of the arbitral procedure, the arbitration is particularly suitable to regulate the economic disputes from Korea-Korea relations, because of glaring differences of the legal status and reality of both countries. Furthermore, the standing arbitral tribunals would be in the economic relations between two Koreas more effectively than the ad-hoc arbitral tribunals. The ad-hoc arbitration generally requires a lot of time to setting up an arbitral Oibunal. For the rapid and obligatory settlement of dispute, the Convention of Currency, Economic and Social Union between West and East Germany 1990(Staatsvefrag zur Wahrungs-, Wirtschafts- und Sozialunion zwischen der Bundesrepublik und der DDR) also planned the institutional arbitration. The organizational support of the internal-Korean arbitration can take place via already existing institution, namely in south Korea 'The Korean Commercial Arbitration Board' Periodic decision reports and publication of substantial awards at the early stage seem appropriate.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.3-35
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• 2001

$\ulcorner$The South-North Joint Declaration$\lrcorner$ of June 15, 2000 made by President Kim Dae Jung and National Defense Committee Chairman Kim Jong Il will contribute to the activation of economic exchange between south and north Korea. To realize the fundamental spirit of the South-North Joint Declaration, the authorities concerned of south and north Korea have reached an agreement titled $\ulcorner$Agreement on Settlement Procedure of Commercial Disputes$\lrcorner$ last December. In this connection, a speedy and reasonable settlement of commercial disputes arising therefrom is becoming a problem of vital importance between south and north Korea. Also, south and north arbitral institutions have to consider a possible arbitration agreement carefully to solve the disputes systematically under the Agreement, which will serve as an example for similar arrangements and possible harmonization in East-West commercial relations. A variety of dispute settlements including friendly consultations, conciliation and arbitration will be used more frequently within the framework of the bilateral agreements of governmental or non-governmental level which have been concluded in the past between socialist and capitalistic economy countries. There is a growing tendency that East-West trade parties recognize and accept the UNCITRAL Arbitration Rules in their contracts. So it is advisable to use the UNCITRAL Rules in arbitrations of south and north Korea in case that the interested parties fail to agree on applicable rules. Finally it should be noted that pre-arbitral settlement called ‘joint conciliation’ should be reflected in the settlement mechanism of commercial disputes between south and north Korean parties as proved to be successful between the U.S. and China trade in the past.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.309-334
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• 2012

Although the number of foreign patients visiting Korea for medical treatments or plastic surgery is rapidly increasing, countermeasures against unforeseen medical disputes involving foreign patients are adequate. To date, the record shows that most foreign patients have visited doctors at the departments of family medicine, internal medicine, dermatology (incl. plastic surgery), and healthcare centers, which, fortunately, indicates that there are not many severe, high risk patients. However, if the current growth rate continues to rise and the number of foreign patients visiting each department continues to grow, more diverse medical practices will be likely to take place in the future, and consequently, it is expected that the possibilities of medical malpractice and the costs of dispute resolution will also rise dramatically. When a medical dispute occurs, in general, a lawsuit is ultimately settled by the court. However, since this can damage the creditworthiness of medical institutions and also incur significant litigation costs, which is a typical characteristic of a medical lawsuit, medical professionals or institutions will be heavily burdened. Furthermore, an adequate policy or countermeasure against a medical dispute with a foreign patient has not yet been established, and it would be difficult to resolve a dispute by finding the middle ground, due to relative standards and policies between countries. Now, we need to improve the existing policies and prepare for countermeasures that will allow us to precisely predict the nature of such disputes, which have been increasing, and resolve them peacefully. Based on such knowledge, this study aims to establish countermeasures against medical disputes with foreign patients, and examine ways to promptly and reasonably resolve them at an early stage.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.35-54
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• 1998

In recent years, there has been a significant increase in the number of large-scale projects involving construction, public works and the installation of industrial plants. These projects usually require the participation of a number of public and private entities and involve more than one contract. When disputes arising in connection with these projects are to be submitted to commercial arbitration, the parties often wish to have all disputes decided by one arbitral tribunal, in a single comprehensive proceeding. It has become apparent that the resolution of all major disputes which may arise in connection with such a project in a single comprehensive arbitration proceeding presents a number of advantages. The arbitral institution can provide for a multiparty arbitration proceeding only where all of the parties have agreed to it either at the time the disputes arise or at the time the parties enter into their various contractual arrangement. The discussion about multiparty arbitration centers on the question whether courts should have the power to order the consolidation of arbitration proceedings absent the consent of the parties. As the U.S. Supreme Court has repeatedly denied certiorari to cases presenting the consolidation-question, the conflict between the Court of Appeals' positions remains. The common method of selection in a bilaterial proceeding is the formula by which each party appoints one arbitrator and the two party-chosen arbitrators then mutually agree on a third, neutral arbitrator. This popular method poses, however, both a policy and practical problems In a 3-party-proceeding. It seems that the better solution is to have courts or arbitral institutions appoint all arbitrators for a multiparty proceeding. American courts have employed a variety of methods to appoint arbitrators for multiparty disputes in cases in which the parties had not provided for or could not agree upon a method themselves.

• Journal of Korean society of Dental Hygiene
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• v.20 no.5
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• pp.623-633
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• 2020

Objectives: Since scaling has been covered by insurance, the number of patients undergoing scaling has increased. Simultaneously, legal disputes around scaling have increased. Therefore, this study was aimed at comparing the differences between the perceptions of dental hygienists and patients regarding the scaling procedure and providing dental hygienists with basic data to find ways to reduce disputes arising from these differences. Methods: A survey was conducted on 119 dental hygienists working in Busan and the South Gyeongsang Province and 110 patients who visited hospitals for scaling. Frequency analyses were performed for dental hygienists' scaling behavior and patient discomfort during scaling. The independent t-test and chi-square test were performed to compare the perceptions of dental hygienists and patients regarding the scaling procedure. Results: Polishing after scaling was performed according to 70.1% of dental hygienists but only 29.9% of patients. Oral health education was provided according to 20.4% of dental hygienists, while 79.6% of patients said that they received oral health education at the Dentiform. The scaling time was reported to be shorter by patients than by dental hygienists. Both dental hygienists and patients said that legal action was required if problems occurred during scaling, and the refund standard was that patients needed it more than dental hygienists. Conclusions: There are differences between the perceptions of dental hygienists and patients regarding scaling. Dental hygienists should identify these differences and try to prevent conflicts or disputes with patients around scaling.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.285-316
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• 2014

As the number of medical disputes regarding nurses has increased after medical disputes have increase, there is a need for a study on it. However, the legal relationship between nurses and patients has not yet been analyzed. Recently, the role and function of nurses are expanded according to the development of the science of nursing; moreover their activity and limitation of responsibility are also expanded. For this reason, the medical disputes regarding nurses have been increasing. However, the majority of these kind of dispute are just passed over because their practice is usually considered to be a mere action to assist doctor's role. In addition, nurse practice is not a secondary action of doctor's role, but forms part of a medical treatment. Of course, nurses handle many secondary tasks after doctors finish their medical treatment. But this is only part of the whole tasks of nurses. Furthermore, the general details of their medical treatment are not different from those of doctors because they also belong to the medical service personnel. Considering these features of nurse and the medical condition in South Korea, their task is becoming increasingly developed and specialized and they are also establishing their own field. With this stream of times, there is a growing interest in enacting a Nursing Practice Act, in other words, the independent law on nurse for the sake of patient safety and national health promotion. Then, their responsibility will distinctly be expanded as much more. That is, the time that nurses practice their medical care by following doctors' order and also pass over their responsibility to doctors is closed. Thus, this study examines the features and responsibilities of nursing practice, and discusses an institutional framework to efficiently cope with the legal disputes between nurses and patients. It aims to throw light on the decision making on nurse-patient disputes in future.

• STI Policy Review
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• v.4 no.1
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• pp.27-53
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• 2013

Technology research and development (R&D) expenditures have increased as most countries recognize that technological innovation is a significant factor for continued economic growth. R&D subsidies by governmental entities were permitted in accordance with the Subsidy and Countervailing Measure (SCM) Agreement under the World Trade Organization (WTO) system. However, according to Article 31 of the SCM Agreement the provision for R&D subsidies have been terminated as of January 2000 and legal disputes over R&D subsidies are likely to increase. The aircraft industry has been the only industry where R&D subsidies have become an issue under the WTO. This paper examines international trade disputes within the aircraft industry in regards to measures by Canada and bilateral disputes between the U.S. and the European Communities (EC). In these cases, various R&D subsidies on civil aircraft are found to be inconsistent with WTO rules. This study summarizes the WTO decisions on various R&D subsidies disputed in the aircraft cases and examines the type of R&D subsidies found to be inconsistent (or consistent) with the WTO to provide guidelines for current and future R&D subsidy policies in high-tech industries. The Canada-Aircraft case indicates that R&D subsidies directly targeted towards near market R&D projects with a high export potential will likely be in violation of current WTO rules. Furthermore, findings from the EC-Aircraft and the U.S.-Aircraft cases suggest that the forms (or the methods) of R&D subsidy distribution were not a sufficient condition for the WTO ruling; instead, what ultimately mattered was whether and specifically to whom the benefits of the R&D subsidies are conferred by the government entities.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.65-97
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• 2014

Arbitration is the dispute methods for speedy and economic resolutions in international commercial areas. In maritime disputes cases in East Asia, Korea and Japan are the regional benefits to cover and deal with the maritime cases on arbitration. And Korea and Japan are the competitive maritime industry for heavy shipbuilding industry, cargo carrier, processing and transhipment service on ports, and ship financial services in national competitive areas. Japan is the Tokyo maritime arbitration commission(TOMAC) as an uniquely capable of dealing with arbitrations involving problems arising in the sea field. TOMAC provides amended its arbitration rules 2014 aiming at matching with the maritime disputes circumstances with three maritime arbitration rules as ordinary rules, simplified rules and the rules of small claims arbitration procedure. KCAB however, as the unique commercial arbitration board in Korea is dealing on all of the commercial disputes on only the international commercial arbitration rules in 2011. Though KCAB is dealt with maritime dispute cases on international arbitration rules in Korea, it is small and simple compared with TOMAC in Japan. Maritime disputes are highly complicated and embroiled with multi-parties contract and subcontracts arising under contracts relating to bills of lading, charter parties, sale and purchase of ships, shipbuilding, ship financing and so forth. This paper is to provides a discussion and comparison on recently arbitration rules focus on the maritime aspects on Korea and Japan. We need to consider to make an independent and special institute and maritime arbitration rules including the multiparty consolidation and med-arb provisions for handling the disputes and resolution of maritime conflict cases in Korea.