• 보건행정학회지
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• 제5권1호
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• pp.106-131
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• 1995

Nowadays there are a lot of medical accidents and medical disputes in Korea. Our government has made efforts to legislate The Medical Disputes Conciliation Law for several years. But this law has many problems. These problems are followings. 1. the problem of going certainly through compulsory screening panels before coming to court. 2. the possibility in making the impartial screening panels for malpractice claims 3. the utilization of a mutual aid association to have low efficiency in paying for damages by medical malpractice and so on. To resolve medical disputes rapidly, we must legislate The Medical Disputes Conciliation Law in a short time. However, all medical disputes are not rationally dissolved by only this law, The Medical Lsw(Arztrecht) is needed to improve the solubility of medical disputes through setting up the decision criteria.

• 한국중재학회지:중재연구
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• 제25권4호
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• pp.97-117
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• 2015

As women's social advance had accomplished improvements to standard of living and equal employment, new forms of dispute such as gender inequality, sex crimes, and divorce rate increases have begun to generate. Disputes between men and women are desirable to settle by ADR rather than by traditional litigation owing to difficulties of legal resolution, cost and time, need for amicable dispute, etc. This study aims to reveal whether there is a relationship between ADR and gender. Through review of previous articles, this study finds that gender difference makes a visible difference depending on case type, context, and sex role of participants. For example, women were selected as mediators and arbitrators in non-monetary and small-claims disputes, family, labor, and consumer disputes and men were selected in large-scale disputes and construction, corporate and commercial, and intellectual property disputes owing to differences of experience and professionalism. Women were relatively frequently selected as mediators owing to active communication skills and men were selected as arbitrators because of decision-making skills.

• 한국중재학회지:중재연구
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• 제25권3호
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• pp.155-184
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• 2015

This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

• 한국중재학회지:중재연구
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• 제31권3호
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

• 한국중재학회지:중재연구
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• 제27권4호
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• pp.61-72
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• 2017

In this study, the Commission proposed the mitigation of remedies by improving the role of medical disputes and preventing medical disputes. Medical disputes include a comprehensive description of medical malpractice, medical negligence, medical malpractice, and medical malpractice. Medical negligence refers to the neglect of medical care due to careless medical care in the treatment of patients, leading to patient injury and death. An inappropriate response in the process of international treatment could result in international trials and a decline in international credibility. In cases where medical disputes arise, health care is strictly necessary to determine the truth or absence of medical malpractice, and these expertise and experience are usually provided by emotion. With the neutral and objective emotions provided fairly and impartially, medical care expertise and experience can be fair, and the medical disputes can be resolved peacefully if the parties are trustworthy. The Health Care Dispute Mediation Committee should focus on enhancing the professionalism, objectivity, and reliability of medical care.

• 대한치과의사협회지
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• 제53권2호
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• pp.103-110
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• 2015

The dental accidents and disputes among Korean dentists have been on the increase with time. The main purpose of this study is to figure out the actual status of the dental accidents and malpractice disputes based on a questionnaire survey. The findings showed that 64.8% of respondents had been experienced the dental accidents, and 52.9% of respondents had been locked into the disputes. Within 5 years from the start of dental practice, the nearly half of the dentists responded the experience of the dental accidents and disputes. The amount of compensation for dental accidents and disputes wereindentalimplant, prosthodontics, and oral surgery treatments in descending order. The highest incident type was wrong process/treatment/procedure problem in clinical process/procedure.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.207-232
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• 2005

This study is for an example of arbitration of a dining out franchise company in Korea and franchise system currently is expanding and developing to international trade. The main reason for that is franchising has some benefits compared to the existing trades. Korean dining-out industry has largely developed for the past 20 years, but there are little world-class company of the industry, because dining-out industry should go for qualitative as well as quantitative growth at the same time. Korean dining-out industry has adopted licensing and joint-venture among growth strategies, but the franchise system among them seems to have taken its place as a representative strategy for management to develop dining-out industry. The history of Korean dining-out franchise industry is very short and it is true that we have no a management philosophy of accompanying growth with franchise due to a short experiences and recognition of top management or managers and short-term strategy for branch expansion. For a brilliant growth of dining-out franchise industry, to settle disputes through arbitration, in case of disputes taking place, is very important, because the franchise industry is a frequent-trading sector, requires expert-level knowledge, favors a closed examination and also needs a fast solution. As the franchise industry has been sharply growing around the world, there is more possibility of disputes, and various and complicated laws of the industry are related to disputes as well, so much more expert-level knowledge is required to solve disputes. Therefore, affiliated headquarters hope a disclosed settlement of their disputes and their any disputes should be fast settled for the benefits of affiliated members.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.31-52
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• 2012

Although political uncertainty exists between China and Taiwan, the two countries have been expanding their economic exchange since the 1980s. That economic exchange is not limited to trade, and its investment segment is constantly expanding. The investment was one-sided by Taiwan in the past, but since a change in policy by the Taiwan government in 2009, Chinese capital is able to flow into Taiwan for direct investment. These kinds of policy changes related to investment between the two countries require follow-up actions such as profit protection for investors, elimination of investment limitations, simplification of investment procedures, and establishment of an investment dispute resolution system. The main topic of this study is the resolution mechanism for investment disputes between China and Taiwan. At present, an individual investment dispute between two countries is settled according to each country's own regulations for dispute resolution. However, these two countries have not prepared dispute resolution regulations related to cases of investment disputes between Chinese or Taiwanese investors and the Chinese or Taiwanese government, or between the Chinese government and the Taiwanese government. Moreover, they do not have any agreements related to investment disputes. Therefore, in this paper, I enumerate the regulations related to investment dispute resolution between China and Taiwan, and then I point out the problems and suggest solutions for improvement. Also, through this study, I would like to contribute to establishing and implementing an investment dispute resolution mechanism between South Korea and North Korea.

• 한국중재학회지:중재연구
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• 제25권1호
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• pp.25-46
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• 2015

Cross-border consumer disputes are on the increase as cross-border trade between consumers and businesses continues to grow. Cross-border consumer disputes are difficult to solve, because there are different languages, laws and institutions between the parties. These consumer disputes can be solved more easily by Online Dispute Resolution (ODR) in comparison with utilizing court processes. ODR is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). On 18 June 2013, the new legislation on Alternative Dispute Resolution and Online Dispute Resolution has been published - the "Directive on Consumer ADR and Regulation on Consumer ODR". The new legislation on ADR and ODR will allow consumers and traders to solve their disputes without going to court, in a quick, low-cost and simple way. The United Nations working group for online dispute resolution of cross-border electronic commerce transactions (UNCITRAL Working Group III) has been underway since 2010 to continue its work on procedural rules for ODR.

• 한국중재학회지:중재연구
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• 제25권1호
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• pp.3-23
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• 2015

As the Internet rapidly emerges as a speedy and cost-effective way of purchasing goods from overseas websites, the number of disputes arising out of overseas direct purchases also increases. In such situations, a disgruntled consumer might be left without an effective remedy. Providing an alternative approach to redress such grievances might assist in resolving such disputes and in increasing consumer confidence in e-commerce. Online Dispute Resolution (ODR) will allow consumers to solve their disputes without going to court, in a quick, low-cost, and simple way. It also helps to eliminate complex jurisdictional and choice-of-law problems. On the other hand, it has many problems such as having inadequate confidentiality and security, not being able to meet the "writing" requirement for arbitration of disputes, having difficulty in enforcing online arbitration agreements, having difficulties in enforcing online decisions and so on. This article investigates relationship online disputes and ODR and suggests ways that ODR can work best in resolving disputes arising out of overseas direct purchases. To expand the ODR system in online disputes, it is very important for domestic consumers to recognize the concept and usefulness of the Alternative Dispute Resolution (ADR) and ODR systems. The Korean government must also help consumers recognize the ADR mechanisms of dispute resolution by public campaign advertisement of ADR systems. Further education of dispute resolution in higher educational institutions is also required as well as assisting the KCAB with funds and the establishment of ADR Law.