• 통상정보연구
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• 제19권1호
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• pp.191-210
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• 2017

지난날 경쟁력과 부가가치 창출의 원천이 토지 노동 자본에서 창출되었다면 오늘날 21세기 지식기반경제에서 새로운 성장의 동력으로 기술이 주목 받고 있다. 이러한 세계경제 패러다임의 변화는 국제적 기술이전의 확산을 가져왔고 국제거래에 있어서 물품과 같은 유형재뿐만 아니라 특허나 노하우 등 대표되는 무형재의 거래도 점차 증가하고 있다. 국제라이선스계약은 기술이전의 대표적 형태로 기술제공자가 기술의 소유권은 그대로 보유한 채로 기술이용자에게 일정기간 기술의 실시만을 허락하고 그 대가로 로열티를 취하는 계약이다. 이러한 기술거래를 통한 경제적 이익은 계약의 원만한 이행과 종료로 실현할 수 있다. 한편 국제라이선스계약은 기술이라는 무형재를 대상으로 하면서 일정기간 대여를 목적으로 한다는 점에서 당사자간 의무가 국제상거래의 대표적 형태인 매매계약과 상이한 부분이 많다. 이에 본고에서는 국제라이선스계약상 당사자의 주요 의무와 각 의무에서 분쟁이 될 수 있는 쟁점을 살펴봄으로써 분쟁의 사전적 예방에 도움이 될 수 있는 시사점을 도출하고자 함을 목적으로 한다.

• 한국건설관리학회논문집
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• 제5권6호
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• pp.110-117
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• 2004

건설사업과 환경보전은 대립적인 요소를 많이 가지고 있어 건설사업으로 인한 환경 분쟁이 급증하고 있으며 소음 $\cdot$ 진동에 관한 분쟁이 대부분을 차지하고 있다. 이러한 분쟁과 민원은 기업에 대한 부정적 이미지, 사업의 지연 $\cdot$중단, 배상액 지불 등 막대한 경제적 손실을 가져오므로 치밀하게 관리할 필요가 있다. 본 논문에서는 문헌조사를 통하여 이론적인 고찰을 실시하고, 소음 $\cdot$진동 관련 법령을 정리 분석하여 건설사업과 관련된 검토항목을 추출하였다 또한 사전 환경성 검토 환경영향평가 항목과 분쟁조정에 관한 통계자료를 검토 $\cdot$분석하여 건설사업의 추진단계별 소음 $\cdot$ 진동 관리방안을 제시하였다 이는 건설사업을 수행함에 있어서 소음 진동에 관한 규제사항의 정확한 준수와 분쟁 및 민원의 발생을 최소화하는데 활용될 수 있을 것이다.

• 한국콘텐츠학회논문지
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• 제8권7호
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• pp.243-251
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• 2008

본 연구는 사립전문대학 행정직원의 조직변화 냉소주의가 직무몰입 및 조직몰입에 어떠한 영향을 미치는가를 알아보고, 학내분규를 경험한 대학과 그러하지 않은 대학과의 차이를 분석하여 이에 따른 시사점을 제시하고자 연구되었다. 실증분석에 의한 본 연구의 결과는 다음과 같다. 전체표본에 대한 조직변화 냉소주의가 직무몰입 및 조직몰입에 어떠한 영향을 미치는가에 있어서, 조직변화 냉소주의는 행정직원의 직무몰입과 조직몰입을 감소시키는 것으로 나타났다. 그리고 대학특성(학내분규 경험 유·무)에 따른 차이점 결과, 학내분규를 경험한 대학의 경우에는, 조직변화 냉소주의가 행정직원의 직무몰입 및 조직몰입을 감소시키는 것으로 나타났으나, 학내분규를 경험하지 않은 대학의 경우에는 유의한 영향을 미치지 않는 것으로 나타났다.

• 무역상무연구
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• 제22권
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

• 무역상무연구
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• 제74권
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• pp.125-150
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• 2017

Environment protection is one of the important political goals along with trade liberalization. Some of the institutions associated with it, however, either hinder trade or exert distorted influence and can arouse trade conflicts eventually. Therefore, harmony between environment protection and trade policy is becoming a crucial issue nowadays. Among the policies for environment, those related to climatic change are regarded as major tasks to deal with in the world commonly. Saying that it is for environment protection, advanced countries impose fines for environment protection on developing countries through border tax adjustments about the items imported from them. However, there is no such agreement about it internationally, so disputes often arise regarding what extent is appropriate as countries cope with it differently in their own way. Disputes about measures for climatic change are highly influential economically, and due to the severe conflicts of interests between states, they often tend to become politicized. Accordingly, we can say that such disputes affect international trade based on the WTO system seriously. When it comes to negotiation for climatic change, we should establish international systems urgently which can work fairly and effectively for all the countries joining in it. Therefore, it is important to examine the treatment of trade restriction measures intended to solve climatic change in international negotiations and establish definite conditions about which measures are allowed and which are not. In conclusion, we should devise rules for environment protection internationally which all the countries in the world can accept and agree on and also make the definite criteria of interpretation as well. Also, through those trade regulations, we should be able to accomplish environment protection globally and at the same time produce synergy, that is, economic growth through trading.

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

• 한국중재학회지:중재연구
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• 제26권4호
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• pp.83-109
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• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• 한국중재학회지:중재연구
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• 제26권4호
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• pp.111-128
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• 2016

Trade between nations has been considered as exchange for material things. According to recent changes in the paradigm of global trade, trade is shifting focus on the exchange of an immaterial being. Among them, the service sector is growing fast and the health service has shown exceptional growth as the healthcare market is consistently expanding. It is also part of the global service targeting people all around the world. People visiting other countries for medical service tend to spend more money and stay longer than a traveler. For these reasons, global medical service is in the spotlight as a promising and higher value-added business. The global medical service industry has been developed around Asia, specifically Thailand, Singapore, India, etc. Compared to them, Korea has come late into the market of global healthcare and the Korean government is striving to attract foreign patients. Nevertheless, there is a lack of effort to make foreign patients visiting Korea revisit Korea. Regarding foreign patients' medical disputes, these are not yet a problem officially; however, the government cannot leave the matter as it is. Medical dispute related with foreign patients is a highly complex issue due to different languages, nationalities, cultures, etc. Particularly, Korea's medical tourism is developed with Chinese visiting Korea for plastic surgery and cosmetic procedure. Thus, the Korean medical tourism market can be crowded with a lot of minor medical agencies, so-called brokers, getting foreign patients connected to the medical institutions. Consequently, Korea has received a large number of complaints and dissatisfaction. No one can predict and know what's supposed to happen in the future. Efforts of the Korean government and medical institute attracting foreign patients could be in vain. In order to take a step forward, this paper will do research on present conditions and look for strategies of improving this industry, focusing on the part of medical agency and contributing to the improvement of the Korean medical tourism industry.

• 한국중재학회지:중재연구
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• 제26권4호
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2004년도 제5회 정기학술발표대회 논문집
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• pp.629-633
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• 2004

근래의 국내 건설 산업은 IMF 이후로 악화된 수주여건과 발주자와 시공자의 입장 차이 등으로 인한 클레임과 분쟁이 늘어나고 있다. 이에 본 연구는 이들의 원활한 해결을 위한 방안과 전략 연구의 기초연구로 수행되었으며, 이를 위한 방법론으로 해외의 FIDIC, AIA, ECC 등의 계약문서와 국내 공사계약 일반조건과 서울특별시 공사계약 특수조건의 클레임과 분쟁관련 조항에 대한 벤치마킹을 수행하였다. 연구 결과, 국내의 계약 문건 상의 클레임과 분쟁관린 조항이 해외의 사례들과 비교해 클레임 및 분쟁의 정의, 제기와 해결절차 등의 명확한 제시 부분이 부족한 것으로 나타나 개선이 필요한 것으로 나타났다.