• Journal of Arbitration Studies
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• v.27 no.4
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• pp.35-60
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• 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.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.67-89
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• 2018

An arbitration has great strength in the sense that it is a more rapid dispute resolution than a trial, and is means of dispute settlement for an achievement of the purpose which is the improvement of the rights and interests of consumers. Because the remedy of consumers' damage currently has not worked well, discussions about consumer arbitration as a universal Alternative Dispute Resolution (ADR) is needed. The core of the ADR is not only the professionality and neutrality of an arbitrator and a mediator, but also the non-impairment of the arbitration proceeding's fairness. In addition, it also has both economic feasibility and efficiency. Furthermore, providing an institutional strategy is necessary to ensure fairness in an arbitration award.

• Korean journal of communication and information
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• v.38
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• pp.183-210
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• 2007

The study tried to explore ordinary people's press fairness concept being neglected by the mainstream of fairness research thus far. With empirical standpoint, this study first investigated (un)fairness concept held by general audience, and then compared it with existing ones long suggested by experts such as scholars and media workers. Also, the study examined audience's concept construct in terms of its characteristics and implications. A systematic sample of 300 adults in Seoul was interviewed and their answers (instances of press unfairness) were analyzed and categorized. The most serious problem in fairness, they pointed, was that the press's not neutral. Also, truth and balance were importantly raised as a press problem with regard to fairness. The result showed press ethics and commercial morals could be a significant element for people's view on press fairness. These elements are new to the literature and heuristic regarding how to approach toward fairness issue in our society. The study also discusses the implications of other findings.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.8 no.6
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• pp.2171-2185
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• 2014

From the perspectives of regulation and convergence, several debates on the industrial definition of smart TV service in the Korean broadcasting and communications market are currently in progress. The most heated controversy mainly depends on whether smart TV is controlled under broadcasting regulations or under communications regulations. This Korean- specific problem is summarized in regulation fairness or asymmetric regulations between smart TV and IPTV operators. Although both operators utilize very similar technology and share the same business model, the regulations for only smart TV operators are unfettered. This would be an intrinsic cause that prohibits fair competition in the new converging market. Currently we confront the matter of asymmetric regulations between smart TV and others including IPTV or ISP. The purpose of this study, thus, is to provide the strategic, regulatory guidance and theoretical definitions on smart TV service, as one of converging services, based on a qualitative approach through subjectivity methodology. The study identifies three issues net neutrality, regulation fairness and new media and new market and proposes desirable promotion plans regarding those issues. The study draws lessons learned through a Korean smart TV case and provides directions to strategic-policy studies for future emergent converging services.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.137-160
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• 2014

These days, in line with the increase of opportunities in our country's firms to do transaction, large-scale M&A and investment with foreign firms incorporating arbitration clauses in the contracts have become general practice. Recently, Singapore has come to the fore as a place of arbitration and, particularly, Singapore International Arbitration Center (SIAC) was assessed as the favored international arbitration institution uniquely in Asia at the 2010 International Arbitration Survey: Choices in International Arbitration, along with the ICC, LCIA, and AAA/ICDR. Therefore, the country's firms need to understand properly the international arbitration procedure of Singapore. This study examines the international arbitration system of Singapore, focusing on the arbitration procedure of the SIAC. The Center revised arbitration rules twice in 2010 and 2013, and established the Court of Arbitration of SIAC in April 2013 for the first time in Asia in pursuit of stricter neutrality and promptness. It further seeks to run the arbitration procedure fairly by selecting a third country's people as an arbitrator, while its arbitration expenses are cheaper than those of the ICC. The study believes that for the country's international arbitration institutions such as the KCAB to jump forward as a world-class international arbitration institution, the Korean government should render positive support to them, learning from Singapore which does not spare any political and financial assistance to cultivate international arbitration institutions. On the other hand, KCAB should also try hard to improve in the aspects of neutrality, fairness, and promptness and to be selected as a trustworthy international arbitration institution by firms in Asian countries.

• Journal of Digital Convergence
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• v.10 no.8
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• pp.347-365
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• 2012

This study was carried out to enlighten on the factors by which newspaper headlines are determined and to empirically explore how news influence variables, editor's role orientation and professionalism have impact on deciding headlines. It turned out from the survey of 345 journalists working in the editorial departments of 17 major national daily and economic newspapers that 7 determinant factors have impact on editors deciding headlines: creativity, standardized expression, fairness, consideration for a readers, reflection of company policy, summarization and intriguer. In addition, the determinant factors of headlines were analyzed to have correlation with news influence variables such as the government-sponsors, readers and colleagues, and company policy and the management. In the awareness of role, also, it was shown that the editors who considered social integration as important place weighted on the reflection of company policy, fairness and creativity; those editors who placed power monitoring on priority took fairness and creativity seriously; and the editors who believed that delivering information was important thought of fairness, consideration for a readers and summarization as important. In addition, the organization-oriented editors turned out compliant to a system, positive on the governmental policies and sought for social stability; those editors who put a premium on a sense of objective balance and neutrality showed a strong aspect of a professional in social reform, check against government and the social governance by the privileged.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.51-70
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• 2020

The Mediation-Arbitration hybrid is becoming more popular since it makes an amicable relationship and thorough statement possible. The Mediation-Arbitration hybrid has been used to take advantage of both dispute resolution methods. In a Med-Arb process, negotiating a resolution to disputes is attempted with a mediator's help. If the mediation ends in an impasse or issues remain unresolved, parties can move on to arbitration. Med-Arb can also be cost-effective when disputants hire one person to serve as mediator and arbitrator (Med-Arb-Pure). However, it can disturb the fairness and neutrality of arbitrators, and awards can be annulled. Indeed, "Award by Consent" is different from the "Med-Arb-Pure" process. Arbitrators easily confuse them. Only the parties settle on the arbitral proceedings' course, and the arbitrator can help them (award by consent). The role and skill of a mediator are different from an arbitrator's. Disputants have the right to use a mediator who specializes in mediation. Moreover, mediation communication confidentiality is the essential value of mediation, and this should be protected. Therefore, in the process of "Med-Arb," separation between mediating and arbitrating is a better choice to specialize in each expertise. In this process, "Med-Arb" can be an affordable, expeditious, proper, and effective method of resolving international commercial disputes and continuing ADR prime time.

• The Journal of the Korea Contents Association
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• v.9 no.2
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• pp.301-308
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• 2009

This paper studied the scheme to realize the manifesto as the method of resolving the side effects after the introduction of the superintendent's election system, a direct election by local residents, in order to implement participative democracy in the educational field. When the superintendent's election system playing an important role in protecting the identity of a state is intruded by the political logic, ideology or factional interest, it leads to the educational crisis such as the damaged independence of the policy and the like. The local educational autonomous system is the institutional arrangement to secure the independence and neutrality of education based on morality and guarantee the democratization and decentralization of educational administration. The scheme to resolve the corrupt aspect of the election of the superintendent is to lead election to the policy-based election. This paper presents the scheme to realize the manifesto movement of the superintendent's electoral campaign to resolve this side effect. All political agents and candidates should be allowed to make free access to diverse information to draw up the manifesto and raise the reliability of the manifesto itself, be guaranteed neutrality, speciality, objectiveness, fairness and the like. In particular, it can be seen that the core task is whether citizens can be involved in the manifesto movement through a shift in their thinking about educational autonomy.

• Journal of Digital Convergence
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• v.17 no.7
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• pp.299-309
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• 2019

The purpose of this study was to look at the relationship between perpetrators and victims in Joshua Oppenheimer's Act of Killing. The theoretical tools used for this purpose were to study $Ren{\acute{e}}$ Girard's "Mimetic desire" and Hannah Arrent's "banality of evil" and to look at $Ren{\acute{e}}$ Girard's theory of "Le Bouc emissaire". The meaning of the study used the reproducible narrative of the film to challenge the reproducibility of past genocide and seek the combination of documentary and fiction as a way to show the truth. Also, the reconciliation between the assailant and the victim is meaningful in securing 'neutrality of fairness'.but they are still lacking, and more in-depth studies will need to be conducted in future further studies.

• Health Policy and Management
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• v.27 no.4
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• pp.347-358
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• 2017

Background: The recent revision of South Korea's Mental Health Law emphasizes the role of the Mental Health Review Board. For this study, we examined the current status of continuing hospitalization judgement in Mental Health Review Board at the national level and aimed to determine the directions of improvement. Methods: Using a qualitative case study as the research method, we interviewed 30 Mental Health Review Board members and analyzed the results. Results: Each municipality had very different continuing hospitalization judgement methods. In our systematic review, which consisted of document inspection, we identified reliability problems due to limitations in Mental Health Review Board's operating systems, discharge orders, etc. Additionally, continuing hospitalization judgement needs to improve the objectivity, fairness, and effectiveness of their screening examinations. Conclusion: Based on the results of this study, we suggest policy proposals to improve these systems, such as standardizing examination processes, strengthening on-site inspections, increasing the independence and neutrality of judgment in Mental Health Review Board, building community mental health infrastructures, and establishing integrated management systems.