• Journal of Arbitration Studies
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• v.26 no.1
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• pp.73-87
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• 2016

Activation Plan for International Health Care through the Resolution of Medical Disputes with Foreign Patients. The field of international health care is currently being expanded and developed into the new industrial field of medical tourism through the convergence of medicine - a public sector - and tourism - a private sector. This study examines problems with medical law regarding the prevention of medical disputes that may occur when attracting foreign patients and the resolution of these disputes. It also introduces the current most ideal resolution plan for medical disputes. Advanced measures for the prevention of medical disputes with foreign patients are as follows: First, when conducting international health care, the obligation to explain a medical treatment should be applied at higher standards for foreign patients. Second, all medical treatment procedures, including appointments, treatments, discharge, post-operation consultations, and follow-up treatments of foreign patients should be charted and recorded. A checklist regarding precautions for each procedure along with a response manual for problems should also be established. These regulations can prevent unexpected conflicts in advance when medical disputes occur. If a medical dispute with a foreign patient occurs despite thorough advance prevention, it can be resolved through reconciliation, mediation, and arbitration. The government and the medical field along with its related industries and authorities should put their efforts into developing these priori/posteriori measures for the activation of international medical health care. The laws and technological/human capabilities in medicine should also be improved in order to activate international medical health care.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.40-45
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• 2001

Arbitration is adopted recently as dispute resolution vehicle for major construction projects in Korea. These arbitration cases show that complex construction disputes are resolved reasonably by newly-introduced arbitration process and this trend will continue. This paper reviews the expanded concept of dispute resolution for the new approaches to the disputes resolution processes in construction projects. The expanded concept includes that disputes need to be assessed reactively and proactively in construction project and need to be managed effectively in advance. In this paper, dispute resolution methods used in Korea are reviewed and analyzed against ADR methods available in US construction industry The new approaches to the dispute resolution Processes are based on the concept of 'Disputability' which means dispute management through prevention, avoidance and predictability of dispute issues and characteristics.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.245-283
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• 2003

Since enactment of the Product Liability Act(PLA) on July 2002, Enterprises in Korea should be insured the Product Liability under the Act. Therefore they had to make a special team and organize it to match with the Act. However, some enterprises didn't follow and prepare the team for the dispute resolution. For example, in America, many enterprises had been attacked the PLA and in Japan, as well. but Korea is rare for the PLA. Thus, this is to research the PLA for protecting the disputes. Upon this study, 1 would like to suggest some issues and a revision of the PLA. Those are the purpose of my research. In this study, it consists of 5 chapters for achieving the purpose of the research. Introduction of this study is mentioned in Chapter 1, and Chapter 2 is for outline of the PLA in Korea. At Chapter 3, the cases are analyzed in the disputes of importers to address important things we have to check. After the analysis, resolution methods in general on import practices are suggested at Chapter 4. Also, this study is summarized at Chapter 5 including further research. In this research, 1 find out complex of Product Liability insurance and issues related with PLA. For protecting the issues and disputes; importers should prepare a agreement of arbitration during the preparation of contracts. Nothing can be better than prevention on any disputes, but they can be happened sometimes without any intentions or by mistake. Solving these issues, the resolution methods of this research are the most valuable. The mediation and the negotiation do not force any legal matters. So, the dispute through them does not have a positive resolution, and the effectiveness of them is very low. Due to the resolution of issues, arbitration is a desirable resolution. In Korea, most people do not know about the arbitration due to the lack of understanding of arbitration. Currently arbitration related with Product Liability has not been followed up promptly because procedures and judgement from a court take for a long time. In sum, in order to solve the disputes properly, they should be supported by the arbitration system to concrete essential objectives, so to speak, protection of the victim and the improvement of arbitration. In addition, the systematic arrangements would be required to carry out all the methods above mentioned. Those are for manufacturers, importers, and customers for the dispute resolution.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.157-184
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• 2004

Dispute plays a key role in maintaining the desirable trading performance. There are many problems such as problems of enforcement of arbitral award and the uncertainty of legal system in PRC. Therefore, the Korean trading companies with Chinese companies should be more concerned with mediation. It's because mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies. This article investigates some differences of mediation between ROK and PRC, and suggests the following ways to resolve dispute. First, the Korean companies should utilize the mediation in small claim but arbitration in big claim. Second, Write a contract and insert mediation clause in BCC or the standard arbitration clause in KCAB. Third, the companies should be more concerned with prevention of dispute than dispute resolution. In conclusion, to expand mediation system into an effective dispute resolution system, The Korean Dispute Resolution Center should be established.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• International conference on construction engineering and project management
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• 2007.03a
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• pp.160-168
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• 2007

Conflicts of interest and independent agenda of the parties brought together for implementation of a construction project often leads to dispute in Contract and claim situations. Construction Industry is notorious for claim that is managed on its arising and there lacks an endeavor to minimize the breeding grounds through efficient planning and alignment to purpose, of all contract-documents. There failure of a concerted effort entails wastage of resources, delayed completion of facilities and stained relationships of parties when collide in mistrust in contract to win over the other. There needs a focus on the claim breeding issue and establish an effective mechanism to deal with disputes in urgency. Claim occurs mostly during the construction phase. But the seeds of claim and nutrients essential for development are contained in the contract documentation and the information supplied or not in pre-contract phase. Opportunity to prevent nutrients for seed of Claim comes to an end once tender-documents are finalized, the contract is awarded and established or not a mechanism for dealing with claim situation. The processes presented here would help in minimizing the breeding grounds and emergence of disputes during progression of works and dealing with eventualities in forceful manners for finding a resolution most effectively in relevant time.

• Korean Security Journal
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• no.11
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• pp.129-157
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• 2006

With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

• The Journal of the Korean dental association
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• v.53 no.2
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• pp.111-119
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• 2015

The importance of effective communication is increasingly stressed in the medical sector. This is crucial for the resolution of medical accidents and conflicts, and that can contribute to the prevention of the two as well. The careful attitude of the medical team toward patient safety and their communication with colleagues and other departments are mandatory for the successful decrease of dental accidents. The good communication within of the hospital organization is one of vital ways to ensure accurate diagnosis and successful treatment. In the field of health care, effective teamwork requires a shared goal, superb work skills, communication and cooperation, but this fact has been overlooked so far. Among those factors, communication is indispensable to the achievement of organizational goals, and how to boost communication by acquiring diverse skills and using appropriate tools in the dentistry should discreetly be considered. This study explared how to improve the teamwork and communication of organization in an effort to seek specific ways of reducing medical conflict in dental.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.55-88
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• 2002

Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.1D
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• pp.115-123
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• 2006

Recently, construction claims have been increased for protecting the rights of construction participants and effectively adjusting the changes under the contract. Thus, the importance of claim management has been emphasized in the construction industry. In domestic construction industry, some claim issues involved in construction activities are often being developed into disputes and even litigations because of the absence of methods or systems for the dispute resolution, and the lack of judicial precedents which can be provided as the references for resolving a particular dispute. In general, the judicial precedents related to the disputes and litigations occurred among construction participants would be extremely valuable in evaluating and analyzing current claims issues. However, such useful information has not been effectively accumulated and utilized in resolving the similar or sometimes identical types of disputes, thus requiring a large amount of additional costs, time and efforts. The primary objective of this study is to propose a web-based decision support system for construction claim management, which enables contractual participants to easily access and use the information of the judicial precedents related to the current construction claims. The decision support system is composed of 'prevention' and 'settlement' modules for avoiding and systematically resolving the construction claims.