부산지역 무역기업의 효율적인 분쟁해결방안에 관한 연구

신군재(Koon-jae Shin) 한국국제상학회 2005 國際商學 Vol.20 No.3

We are in an era of global business called one world market. As the volume of international trade is increasing and business environment becomes complex, chaotic and competitive, disputes in trade are also increasing and become more complex. Few study however on the ways of dispute settlement under the changed international business environment has been done. Thus the major purposes of this study are to investigate the relationship between the characteristics of trading companies in the area of Busan and their ways of coping with claims, and to analyze how effectively Busan's trading companies manage their claims. The major findings of this study are as follows : First, in the relationship between the characteristics of trading companies and prevention of disputes, the factor of pre preparation relates to the characteristics of trading companies whereas the acquirement of expert knowledge and credit does not relate to the characteristics of trading companies. Second, in the relationship between the characteristics of contracts and prevention of disputes, the factors of the acquirement of expert knowledge and credit relate to the characteristics of contracts whereas there is no relationship between pre preparation and the characteristics of contracts. Third, the more there are the numbers of counterparty, the more Busan's trading companies cope with their claims after investigating whether claims are objective. Fourth, in the relationship between the agreement and the ways of coping with claims, the factor of asking the objective data influences negatively upon the agreement whereas the factor of the specialist's advise doesn't influence upon the agreement. This study contributes to analyze the relationship between the situational characteristics of Busan's trading companies and their ways of coping with claims by a systematic and elaborate methodology.

무역클레임 예방 및 대처방안에 관한 실증적 연구

신군재(Koon-Jae Shin) 한국무역학회 2005 무역학자 전국대회 발표논문집 Vol.2005 No.8

코로나 19 팬더믹시대 온라인 조정제도 활성화를 위한 조정인의 역할

신군재(Koon Jae Shin) 국제e-비즈니스학회 2021 e-비즈니스 연구 Vol.22 No.3

韓ㆍ日ㆍ中 협상자의 특성에 관한 비교연구

신군재(Koon-Jae Shin) 한국관세학회 2002 관세학회지 Vol.3 No.1

To survive in the world market Korean companies should have international competitive power. One of the ways which gains the international competitive power strengthens the negotiating power. This study aims to promote the negotiating power which is indispensable for the overseas salesmen to have the competitive power. To accomplish this purpose, this article compared and analyzed the negotiation practice of Korean, Chinese and Japanese. Based on this examination on the negotiating style, this paper also provides the some guidelines in working-level negotiating with Chinese and Japanese. For the purpose this study applies 「global negotiation flowchart」 and twelve important factors suggested by Stephen & Stripp to analyze the characteristics of Korean, Chinese and Japanese business negotiating style. The results suggest some useful criteria for negotiators. First, In the preparation, the negotiator need a thorough study about the Chinese and Japanese negotiating style. Second, In the negotiation with the Chinese and the Japanese, making the personal relationship. Finally, negotiators must aim at long-term profit maximization not at short-term and persuade him by mutual profits.

무역분쟁해결을 위한 한ㆍ중ㆍCPR 조정규칙비교에 관한 연구

신군재(Shin Koon-Jae) 한국관세학회 2005 관세학회지 Vol.6 No.2

Dispute plays a key role in maintaining the desirable trading performance. In an effort to have competitiveness in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation or arbitration. Korean companies, therefore, should be more concerned with mediation and should utilize the mediation to settle their disputes effectively and efficiently. 'This article investigates some differences of mediation provisions between The Foreign Trade Law of Korea, BCC's Conciliation Rules in China and The CPR Mediation Procedure in American, and suggests to contain the following contents for the future revision of mediation rules in Korea; First, the mediator is free to meet and communicate separately with each party and should not disclose any information acquired during mediation process. Second, to expand mediation system into the international trade disputes, it is very important for both of companies and the scholars to recognize and implement the concept and usefulness of mediation system.

KCAB 개정 국제중재규칙에 관한 고찰

신군재(Koon-Jae Shin) 한국관세학회 2012 관세학회지 Vol.13 No.1

Korean Arbitration system has been developed together with The Korean Commercial Arbitration Board(KCAB) since The Arbitration Act was enacted in 1966. The Korean Commercial Arbitration Board revised its International Arbitration Rules in order to improve international competitiveness in 2011. The revised rules introduced Fast-Track Arbitration and empowered administrative office to increase merits of arbitration process with fairness, independence and fastness. However, I found the revised rules contained some problems. This article aims at grasping some problems of the revised rules in 2011 and at suggesting ideas for better arbitration system in Korea. On basis of reviewing the revised rules, I suggest some improving methods as follows : 1. The revised rules introduced Fast-Track Arbitration to settle the dispute promptly by low costs. So, the extension of the period of arbitral award is not allowed for quick settlement of the dispute. 2. The advisory scope of international arbitration committee should be reduced to settle it fairly. 3. A method of selecting arbitrator should be replaced by a List-Appointed Arbitrators recommended arbitrator by the KCAB because the KCAB have had sufficient know-how of that method for several decades. 4. Fixing the maximum limit of arbitrator’s fees to lessen a burden imposed on the disputant affect better. Lastly, the KCAB should reform the construction of organization due to adoption of department of Administrative.

한·미간 중재인 문제로 인한 중재판정 취소의 소 비교분석

신군재(Koon-Jae Shin) 한국무역학회 2011 무역학회지 Vol.36 No.5

If the disputes are settled by Arbitration, the parties appoint arbitrators who are empowered to proceed the arbitration procedure and have a power to render an arbitral award. The role of the arbitrator is so significant in the international arbitration that its success or failure may depend on the credibility of the arbitrator. It has long been understood that the ideal arbitrators should be independent, and unbiased, and have the requisite legal and/or technical expertise and experience for the case at hand. If the parties doubt their arbitrator(s)s fairness and independency, they can discharge them in accordance to law and arbitration institutes rules. In comparison with court cases concerning cancellation of arbitration awards caused by the problems of arbitrator between Korea and America, some differences are found. First, if arbitrator(s) selected by parties fail to perform his role, the Korean court considered the arbitration agreement to be void whereas the American court considered it to be effective. Second, all arbitrator(s) should be unbiased in Korea and arbitrator(s) disclose all circumstance likely to give rise to justifiable doubts as to his impartiality or independence without delay. Whereas only a chairman of arbitral tribunal should be unbiased in America. Lastly, when an arbitrator fail to disclose this fact of co-work with a lawyer of any party ago, the Korean court voids an arbitration award. But, the American court eschew automatic disqualification for non-disclosure of merely trivial relationship, and required disclosure only of an arbitrators substantial interest in a arbitration party. So, the American court decides to void an arbitration award whether the relationship between an arbitrator and a party is substantial or trivial. An arbitration award is void in the former relationship, it is not in the latter.

貿易紛爭의 解決手段으로서 ADR活性化 方案에 관한 硏究

신군재(Shin Koon Jae) 한국무역상무학회 2003 貿易商務硏究 Vol.20 No.-

Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.

[第3編 國際決濟와 紛爭]貿易紛爭의 解決手段으로서 ADR活性化 方案에 관한 硏究

신군재(Shin Koon Jae) 한국무역상무학회 2003 貿易商務硏究 Vol.20 No.-

Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.

분쟁자의 상황적 특성하에서 조정합의 만족도에 대한 조정행위의 효과에 관한 연구

신군재(Koon-Jae Shin) 한국무역학회 2003 무역학회지 Vol.28 No.5

Mediation is a system in which disputes are amicably settled by a neutral third party. The importance of the mediation has recently been recognized by the international organizations such as the ICC or developed countries such as America. This study sets out to investigate how mediators play a role in reaching an agreement in a situation where the behaviors and characteristics of disputants are different. The following are the results; the mediators specialized in proceedings showed a high level of satisfaction in agreement. However the mediators who held a caucus session with disputants did not significantly affect the agreement, which produced opposite results from the previous studies. This seems to be because of the mediators' wrong recognition about the mediation and the lack of experience. So, in order to expand the mediation in Korea, it is very important for both the disputants and the mediators to recognize the right concepts of the mediation and to educate mediators.