• 한국중재학회지:중재연구
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• 제31권1호
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• pp.155-171
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• 2021

Recently, the e-business market has become a place of convergence where consumers and suppliers communicate with each other, and a new method of trading of funds has emerged in the process. Crowd-funding is one of the types of money transactions that have emerged in the online space, and its interest and trading volume have been growing rapidly recently. The platform in the online space using crowd-funding method operates in the form of online telecommunication sales, and it is in the form of producing and delivering products based on funds obtained from potential consumers by the operators involved in securing funds. However, if the participating business operators do not deliver the product or deliver the product other than the promoted product and avoid responsibility, the potential demander will not be compensated without mediation by the platform operating entity. In this study, despite the rapid growth in the market size of crowd-funding, consumers who participated in the funding are protected and able to resolve disputes in the event of a conflict amid growing complaints from potential consumers and side effects. The structure or method of crowd-funding is a new form of trading that has different features from conventional e-commerce. Therefore, the legal basis is not yet in place and the standards need to be laid out through various and sufficient discussions politically, legally, socially and culturally and economically. As the potential market and positive effects of crowd-funding around the world have been recognized, a role is required as an ecosystem for new financial transactions. And the potential market could be realized as a new industry if the right legal system and policy consultation were made.

• 무역상무연구
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• 제46권
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• pp.315-350
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• 2010

The rapid growth of Korea-China trade that was since the establishment of diplomatic relations in 1992, led China to surpass the United States and Japan to become Korea's largest trading partner in 2009. "The largest trade" also means "the most disputes", so it is essential to study on dispute settlement and enforcement system of the two. Therefore, in order to make the traders correctly understand and use the arbitration as a dispute settlement method in both China and Korea, this article makes a comparative study on arbitration system between the two countries. And finally, it analyzes the enforcement situation of arbitral award in China, then provides the author's personal recommendations as a countermeasure against the poor enforcement system in China.

• 한국기술사회:학술대회논문집
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• 한국기술사회 1984년도 한일 합동 심포지움
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• pp.61-67
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• 1984

This is to intent of new proposal for organizing the technology arbitration organization in internationally instead of the existing organization for business & trading matters such as I.C.C. (International Chamber of Commerce), because of to be keeped the major matters in relation with technology by professional engineers as for their own engineering jobs and also develops of their own knowledges without assisting of any expert for the laws.

• 한국중재학회지:중재연구
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• 제17권3호
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

• 한국중재학회지:중재연구
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• 제25권3호
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• pp.185-226
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• 2015

As in some developing countries and more recently some developed countries worldwide and in the Asian region, Australia has faced significant internal opposition and public debate especially over treaty-based investor-state dispute settlement (ISDS). As outlined in Part II(1), concerns have re-emerged and escalated since the first-ever claim was brought against Australia regarding its tobacco plain packaging legislation, in 2011 by Philip Morris Asia under an old BIT with Hong Kong. However, Australia signed bilateral FTAs with Korea in 2014 and with China in 2015, including ISDS protections, prompting several sets of parliamentary inquiries (Part II(2)). Australia's close trading partner, New Zealand, had already concluded an FTA with China in 2008 that included more expansive ISDS-backed investor protections. In 2015, the New Zealand Parliament has been debating ratification of its own FTA with Korea, with ISDS also now attracting growing scrutiny, as elaborated in Part III below. In both bilateral FTA negotiations, the present Korean government seems to have reverted to a strong preference for concluding investment agreements with extensive ISDS protections, despite public and parliamentary debate around 2011 in the context of ratifying its FTA with the United States. As mentioned briefly in the concluding Part IV, Korea's stance has significant implications for the future trajectory of treaty-based ISDS - and indeed international arbitration more generally - in the Asia-Pacific region, and perhaps even globally.

• 한국중재학회지:중재연구
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• 제30권2호
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• pp.69-90
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• 2020

The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

• 한국중재학회지:중재연구
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• 제28권3호
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• pp.75-88
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• 2018

As the Korean economy continues to grow, the desire to own art increases. Despite a number of recent controversies surrounding the sale of counterfeit art pieces, the scale of the problem remains small. Nevertheless, there is a lack of relevant analysis and research. Given the increased interest in Korean arts and crafts and the growing awareness of counterfeit art, it is useful to study legal problems related to counterfeit art. The purpose of this review is to examine the concept and range of counterfeit artwork and explore corresponding legal problems and solutions.

• 한국중재학회지:중재연구
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• 제12권1호
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• pp.271-321
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• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• 한국건설관리학회논문집
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• 제19권1호
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• pp.65-73
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• 2018

건설생산과정에서는 여러 가지 불공정 행위가 발생하고 있는 것이 현실이다. 이에 정부차원에서도 이러한 불공정을 해소하기 위해 여러 가지 정책과 제도를 시행하여 오고 있다. 이에 본 연구에서는 건설산업에서의 불공정 거래행위를 방지하기 위해 도입된 제도의 성과와 실효성을 분석하고 개선방안을 모색하였다. 현재 불공정거래 방지제도의 실효성을 평가하기 위해 건설산업 전문가들을 대상으로 설문을 실시하여 설문 결과를 바탕으로 각 제도의 중요도 대비 성과를 IPA를 통하여 중요도 대비 상대적으로 성과가 낮아 개선이 시급한 제도들을 선별하였다. 건설공사에서의 불공정거래 방지제도의 실효성을 평가한 결과 전 생산단계에서 조사, 적발, 처벌 등 집행과 관련한 제도의 실효성이 부족하며, 각종 조사 및 분쟁조정 기구 역시 실효성이 낮은 것으로 나타났다. 이의 개선을 위해, 분쟁조정제도 개선, 불공정 행위 조사 및 적발 체제의 강화, 처벌 및 제재 조치 강화 등의 세부적 방안을 제시하였다. 하지만 기본적으로 현장에서의 소통을 강화하여 건설현장의 모든 참여자간의 상생협력과 갈등 예방을 통해 공정거래질서를 확립하는 것이 무엇보다 중요하다.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.137-155
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• 2007

Since China joined the WTO, the trade between Korea and China has continued to grow by leaps and bounds, making both nations become mutually important trading partners to each other. The volume of trades with China showed a rapid upward trend with an average annual increase rate of 20% and the resultant dispute is also rising. Thus, this study was aimed to make some suggestions and come up with ways of responding claims by surveying Korean trading firms which have experience in making transactions with China to investigate the current status and the actual condition of their occurrence. As a result of this study, firstly, the main cause of such dispute was shown to be the failure to perform the agreement. Secondly, there were malty verbal agreements and due to a deterioration of trust in Chinese firms, the method of a letter of credit was adopted by many Korean firms. Thirdly, the payment and credit appeared to be most important in transactions with China. A credit inquiry is a must in future transactions with China. Fourthly, the indirect cause of the occurrence of trade claims was the difference in commercial practices and as for the way of settling disputes, the agreement through negotiations between the parties involved was the most. Fifthly, small and medium firms should make more of their credit and English proficiency than large ones do.