• Title/Summary/Keyword: disputes

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Discussion and Evaluation in UNCITRAL Regarding Procedural Rules for Disputes in International e-Commerce - Focused on the Discussion in the 26th Session of Working Group III - (국제전자상거래 분쟁해결을 위한 절차 규칙에 관한 UNCITRAL의 논의와 그 평가 - 제26차 실무작업반의 논의를 중심으로 -)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.133-152
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    • 2013
  • Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

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Legal Issues of Blockchain in Personal Information Protection : Based on GDPR and Personal Information Protection Act (개인정보보호법제 관점에서 본 블록체인의 법적 쟁점 GDPR 및 국내 개인정보보호법을 바탕으로)

  • Park, Minjung;Chai, Sangmi;Lee, Myoung Jun
    • Journal of Information Technology Applications and Management
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    • v.25 no.2
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    • pp.133-146
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    • 2018
  • The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

A Study on the Damage and Problem of Domestic Animals by Noise and Vibration at Construction Site (건설소음진동으로 인한 가축피해현황 및 문제요인고찰)

  • 박찬헌
    • Journal of the Korean Professional Engineers Association
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    • v.33 no.3
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    • pp.30-34
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    • 2000
  • In recent years, disputes are on the increase that noise and vibration by construction equipments and blasting do damage to livestock farming families around construction sites in the construction of a road or a railway. Therefore, the following ways of improvement were presented in solving the existing problems of livestock disputes. $.$ To minimize the damage of livestock farming families by effect assessment of noise and vibration in the region expected to be damaged before the start of construction $.$ To maintain a thorough management system that can reduce noise and vibration during construction work $.$ To apply an adequate measurement method of noise and vibration taking field conditions into consideration

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An Analysis of WTO Disputes in Aircraft Manufacturing Industry (항공기 제조산업 관련 WTO 분쟁사례 분석)

  • Lee, Hae Jun;Kim, Sun Ihee
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.27 no.4
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    • pp.83-95
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    • 2019
  • In order to promote the domestic aircraft manufacturing industry, this study analyzed the limitations of the preceding study on the WTO dispute concerning civil aircraft by summarizing the latest developments and issues in the mid-range aircraft dispute between Brazil and Canada and the large civil aircraft dispute between the United States and the EU. Based on the results of the study, we should look closely at WTO regulations and existing cases of disputes to find maximum support measures, and we believe that in order to stimulate the domestic aircraft manufacturing industry, we should refrain from publicly specifying support measures in the data, such as laws and policies, utilize the WTO SCM Agreement exceptions, and strengthen links with international cooperation and other industries.

Settlement Solution by ADR on Dispute in Intellectual Property Right

  • Lee, Jae Sung
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.121-140
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    • 2019
  • First, the purpose of this research is to review the Online Dispute Resolution (ODR) regulations in Korea to resolve disputes which can arise in international e-commerce in the near future. Second, this research tries to look for alternative solutions to dispute resolutions according to these regulations. Third, this research pursues to enhance the effectiveness of business deals by providing efficient and satisfactory dispute resolution methods for e-commerce business. Furthermore, this study evaluates the definition of global e-commerce by comparing Online Dispute Resolution (ODR) with Alternative Dispute Resolution (ADR). Through analyzing the domestic ODR system and ADR system, this research could boost the employment of settlements in small-sized disputes through easy and convenient consumer access to both ODR and ADR procedures. The enhancement of the competitiveness of Korean companies in the global market is estimated to take place as a result. This research is estimated to provide benefits to our businesses both domestically and internationally by using ODR regulations and ADR methods. Moreover, this research is anticipated to verify usefulness in terms of consumer protection by advancing consumers' access to dispute solution authorities locally and abroad.

Study on the WTO Disputes over the Korean Shipbuilding Industry in Relation to Export Credit (수출신용과 관련하여 우리나라 조선산업에 대한 WTO 무역분쟁 연구)

  • Lee, Koung-Rae
    • Korea Trade Review
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    • v.44 no.1
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    • pp.129-142
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    • 2019
  • This paper draws implications on the ship finance of the Korean ECAs for shipbuilding industry from the perspective of WTO ASCM through studying the trade disputes on export credits. In consideration of the underwriting practice on the case-by-case basis, the ECAs' law regimes and their ship finance programs as such would be judged not conferring a benefit. The ship finance of international commercial banks could be treated as a market benchmark for the purpose of determining the existence of benefit in the ECA ship finance. The ECAs share securities with international commercial banks for the same exposure to the risks in a syndicate. Therefore, WTO DSB would rule that the ECA ship finance confers no benefit for individual transactions. The items (j) and (k-1) of ASCM Annex I are not allowed to interpret a contrario.

Improvement plan for the standard for calculating the height of the stair railing for Barrier Free (BF) certification system (장애물 없는 생활환경(BF) 인증제도 계단 난간 높이 산정기준 개선안)

  • Lee, Sang-Soo;Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2022.04a
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    • pp.218-219
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    • 2022
  • Among the Barrier Free (BF) certification evaluation items for public facilities, at which position the standard for the effective height of the stair railing handle should be calculated is not clearly determined. Because of this, not only the evaluation standards of the certification authority and the evaluation committee are different, but disputes are occurring between the ordering organization, the design company, and the construction company. Therefore, the stair railing installation standard laws for public facilities were analyzed and through a case study of institutions that obtained the BF certification, problems were analyzed. The results of problem analysis reveal the following. 1) The standards of the Ministry of Health and Welfare and the Ministry of Land, Infrastructure, and Transport were different. 2) The effective height calculation standard was ambiguous, and disputes occurred frequently. To solve this problem, we proposed improvement plans for calculating the height of the stair railing that can comply with laws while ensuring safety.

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Arbitration Award via Modern Technical means in Saudi Arabia

  • Mohammed Sulaiman Alnasyan
    • International Journal of Computer Science & Network Security
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    • v.23 no.7
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    • pp.32-38
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    • 2023
  • This study deals with arbitration award via modern technical means; because e-Arbitration is deemed to be one of the most important substitute means for the settlement of disputes arising from electronic transactions. This type of arbitration is characterized by fast settlement of disputes, as well as fast enforcement of awards rendered thereon. The researcher seeks to indicate the content of the award, the conditions for rendering it, and to analyze the legal provisions related to its legal basis in the Saudi Law of Arbitration. This study shows that an arbitration award, rendered via modern technical means has a number of advantages, such as fast settlement, less cost, and keeping pace with modern technology, which is an aim of Saudi Arabia Vision 2030. The study also points out certain problems facing arbitration via technical means; however, the most important of which is the insufficiency of some legal rules associated with traditional arbitration, as contained in the Saudi Law of Arbitrator, which are incompatible with or applicable to an arbitration award which is rendered via modern means.