Dispute Mediation Research Articles

Mediation of Election-Related Disputes in Kenya: Challenges, Opportunities and The Way Forward

Mediation of Election-Related Disputes in Kenya: Challenges, Opportunities and The Way Forward

Mediation of Industrial Disputes In Liberia: Enhancement Precedents from the United Kingdom, New Zealand and Malaysia

Mediation of Industrial Disputes In Liberia: Enhancement Precedents from the United Kingdom, New Zealand and Malaysia

Domestic dental medical dispute mediation cases in the past 5 years

Domestic dental medical dispute mediation cases in the past 5 years

Research on Multiple Settlement Strategies for Rural Disputes from the Perspective of Governing the Country According to Law

Rural disputes in the new era mainly have the characteristics of diversified dispute causes, complex dispute content, collectivization of dispute subjects, and deviation of dispute resolution. This is mainly due to the lack of authority in legislation, lack of coordination in law enforcement, and lack of initiative in abiding by the law. It is necessary to build a multi-dimensional rural legislative system to guarantee and build a diversified dispute resolution model of "hard law" + "soft law"; Build an inclusive and diversified dispute resolution team, and create a new dispute resolution model of "Internet + mediation"; Establish and improve the "individual + collective" conflict and dispute mediation model, pay full attention to the legitimate rights and interests of rural residents, so as to effectively improve the level of rural dispute resolution and promote the early realization of the vision of rural governance modernization.

임대차분쟁조정제도에 관하여

The Lease Dispute Mediation Committee saw that it is desperately needed in our society and is currently playing a big role. In the lease dispute system, actual operational problems have been exposed, and it is necessary to consider ways to improve them. The above discussions are summarized as follows.
 First, the case in which the respondent refuses the applicant's application is also a reason for dismissal. In this case, even if the respondent does not participate in the mediation procedure, the mediation committee must
 propose a mediation proposal for the relevant case. Later, when the applicant tries to resolve a dispute by trial, the litigation period can be shortened by submitting this mediation proposal, and the respondent's participation in mediation can be increased.
 Second, even after the establishment of the lease dispute settlement, if the mediation proposal is not implemented by both parties, compulsory execution cannot be made. If the mediation of the Lease Dispute Mediation
 Committee is established as in the Labor Relations Commission's reconciliation report, it will be efficient to eliminate the procedural hassle of filing a lawsuit for compulsory execution by giving the mediation the same effect as judicial reconciliation.
 Third, under the current law, it is difficult for the tenant to exercise the right to claim damages because there is only a request for viewing the fixed date as a method of checking whether the lessor resides. Considering this, there is a need for a system in which tenants can check whether the lessor resides or not through the perusal of the moving-in household.
 Fourth, an agreement may be reached by the parties in the process of mediation, or by persuading the two parties and encouraging them to agree. In this case, it is necessary to stipulate that an agreement is reached immediately without other cumbersome procedures.
 Fifth, the respondent's refusal to mediate accounts for the largest portion of the actual mediation applications received for the lease dispute settlement system. If the respondent refuses, the applicant has no choice but to proceed with a lawsuit, and a lot of time and personal and social costs increase for dispute resolution. In particular, considering that most lease disputes are non-party cases, disputes are intensified due to emotional problems between the parties, and the parties do not have much profit from the lawsuit, the lawsuit will likely undergo mediation. Therefore, as a solution to this, the introduction of coordinated prepositional can be considered. Or as an alternative, I think it is necessary to introduce a mediation proposition only for disputes over rent or deposit increases and decreases, and premium disputes, rather than adjustment preposition for all deliberations and adjustments of the Lease Dispute Mediation Committee stipulated in the law. Sixth, the Lease Dispute Mediation Committee is established by the Korea Legal Aid Corporation, the Korea Real Estate Agency, the Korea Land and Housing Corporation, and the Seoul Metropolitan Government, which are local governments, respectively. For this reason, violations of jurisdiction and overlapping jurisdictions between these dispute settlement agencies may occur. Therefore, it is necessary to unify the business processing of dispute mediation agencies, establish a cooperative system for mutual information sharing and connection, and develop related systems.
 As more than five years have passed since the current lease dispute settlement system was introduced, several problems have been exposed in practice, and in this paper, measures to improve these problems were presented. Ultimately, it is necessary to improve and supplement the above problems through the revision of related laws.

Fostering guardians for frontline medical disputes: a government-led medical dispute mediator training program in Taiwan

BackgroundMediation is increasingly used for medical dispute resolution, and the particularity of such mediation necessitates specialized training. In response to the promotion of compulsory mediation ahead of a legislation in Taiwan, we invited experts with an interdisciplinary team to design a case-based mediator training workshop. Our study aimed to investigate the learning outcomes of trainees and analyze their perspectives.MethodsWe recruited 129 trainees of a non-probability convenience sample who served as mediators or have dealt with medical dispute-related cases to undergo 2.5 h of lectures (introduction; procedure; roles of two mediators; principles and techniques of mediation; dispute arrangement; and issue analysis) and 1.5 h of case-based exercises. An after-class survey was conducted using a 4-point Likert-type scale to evaluate trainees’ viewpoints and learning outcomes. A total of 104 questionnaires were collected (response rate: 80.6%).ResultsThe professions of the participants were medical (56%), law (16%), and administration and others (28%). Males considered the course more helpful (3.79 vs. 3.63, p = 0.053) and more important (3.88 vs. 3.74, p = 0.042) than did females. Participants with a legal background scored the highest in helpfulness (3.84), followed by medical (3.74) and administrative (3.63) professionals. Medical and administrative professionals scored the highest (3.85) and lowest (3.76), respectively, on importance. Respondents with more than 10 years (3.81) and less than 1 year (3.79) of experience produced higher scores in helpfulness. Respondents with 1–5 years of experience (3.68) were found to be less likely to agree with the practical importance of course content compared with other groups of trainees. Administrative professionals obtained the highest scores (89.68) in written examinations.ConclusionsThere are variations in mediators’ perspectives based on gender, occupation, and work experience. Our nationwide mediation training workshop can be utilized to cultivate capabilities of mediators for handling medical disputes to achieve the goal of non-litigation in medical disputes.

Does work-family conflict explain the direct and indirect role effects of perceived organizational support and job satisfaction? Evidence in the Indonesian banking

The purpose of this study is to investigate both the influences of perceived organizational support and work-family conflict on job satisfaction. In addition, this research aims to investigate the impact of the mediation of work-family disputes in the connection between perceived organizational support and job satisfaction. We utilize a quantitative approach to acquire data from the subject of the study. For the sampling strategy, we employ random sampling with questionnaire distribution as the data collection tool. The data analysis method was called Structural Equation Modeling Partial Least Square (SEM-PLS). In addition, the findings of this research indicate that a favorable and significant influence on work satisfaction may be attributed to a perceived high level of organizational support. The perception of organizational support is another factor that contributes negatively to work-family conflict. Meanwhile, the tension between work and family life has a positive and noticeable impact on job satisfaction. The latest finding is that work and family conflict might be a negative mediator in the association between perceived organizational support and job satisfaction.

Inheritance Dispute Settlement Through Mediation with the 'Bale Mediasi' of East Lombok

This study in the pursuit of the purposes and objectives to identify and analyze the processes, strategies and constraints of the Bale Mediasi of the East Lombok in implementing inheritance dispute mediation. Bale Mediasi of the East Lombok received 60 cases with 40 cases resolved, the most cases going to the Bale Mediasi of the East Lombok dominated by land and inheritance disputes. The research method used is a juridical empirical with statute approach, conceptual approach and a sociological approach. The implementation of mediation begins with a request from one of the litigating parties until it ends with a peace agreement being drawn up if the parties make peace, the strategy used is to involve influential figures in the community, to explain how the complexity and cost of litigation in court, flexible time and place and caucuses. The obstacles that writers faced are the absence of one of the parties, the involvement of third parties and the value factor in society. The conclusion of this research is that the mediation process is in accordance with the mandate of the East Lombok Regent's Regulation Number 37 of 2019 concerning Bale Mediasi, but there are still some issues.

PELAKSANAAN MEDIASI SENGKETA INFORMASI PUBLIK DI KOMISI INFORMASI PROVINSI KALIMANTAN SELATAN

The purpose of this study is to find out how the mechanism for implementing public information dispute mediation at the Information Commission of South Kalimantan Province, with the hope that public bodies as managers of public information and the public as users of public information know and understand the mechanism for resolving public information disputes through mediation at the Information Commission. This research uses descriptive-qualitative research, with interview, observation and documentation data collection techniques and then analyzed qualitatively. The research results can be described as follows; 1) The process of mediation activities at the Information Commission is an integral part of the process of non-litigation adjudication activities 2) Mediation activities are the first step in resolving public information disputes regarding open information caragories between the applicant and the respondent, guided by a mediator from the Information Commission Commissioner. 3) There are 3 (three) possible outcomes of mediation, namely successful mediation, failed mediation, and failed mediation. 4) If the mediation is successful (agreed), then the information dispute is considered completed. If mediation fails/fails, then the trial adjudication proceeds to the proof stage. 5) If the mediation is successful (agreed), then the results of the mediation are confirmed in the form of the Information Commission's Mediation Decision, and read out before the adjudication session. 6) The Information Commission mediation decision is legally binding on the parties, and must be implemented no later than 14 (fourteen) working days after the decision is read out.The purpose of this study is to find out how the mechanism for implementing public information dispute mediation at the Information Commission of South Kalimantan Province, with the hope that public bodies as managers of public information and the public as users of public information know and understand the mechanism for resolving public information disputes through mediation at the Information Commission. This research uses descriptive-qualitative research, with interview, observation and documentation data collection techniques and then analyzed qualitatively. The research results can be described as follows; 1) The process of mediation activities at the Information Commission is an integral part of the process of non-litigation adjudication activities 2) Mediation activities are the first step in resolving public information disputes regarding open information caragories between the applicant and the respondent, guided by a mediator from the Information Commission Commissioner. 3) There are 3 (three) possible outcomes of mediation, namely successful mediation, failed mediation, and failed mediation. 4) If the mediation is successful (agreed), then the information dispute is considered completed. If mediation fails/fails, then the trial adjudication proceeds to the proof stage. 5) If the mediation is successful (agreed), then the results of the mediation are confirmed in the form of the Information Commission's Mediation Decision, and read out before the adjudication session. 6) The Information Commission mediation decision is legally binding on the parties, and must be implemented no later than 14 (fourteen) working days after the decision is read out.

Repurposing pipelines for hydrogen: Legal and policy considerations

As the world looks to implement the Energy Transition, repurposing existing fossil fuel infrastructure to produce or distribute “clean” energy will be critical. The most promising is using natural gas pipelines for moving hydrogen. This is the cheapest and fastest method of transport, and reducing the cost of transporting hydrogen is a key step in making it economically viable. However, while there are technical challenges, the greater challenge is in the legal arena. This paper seeks to outline the numerous legal — treaty, statutory, and contractual — and regulatory obstacles to repurposing natural gas pipelines for hydrogen transport. Gas pipelines exist in a complex microclimate of international public and private law, and domestic law and contracts. Ownership is often layered and tangled; financing doubly so; and myriad state interests compound the private interests, including national security concerns, energy supply imperatives, and geopolitical balance. State aid — investment, subsidies, and tax breaks — may encumber the project with additional legal obligations. And the contracts that control the development of a pipeline project may inject further legal complexity, such as dispute mediation procedures and fora, and applicable law. This paper seeks to map all the likely areas of future conflict or difficulty so that work on developing the requisite legal regime and remedies to permit use of natural gas pipelines for hydrogen transport can begin now. For policy- and lawmakers, as well as the private sector, evaluating these known unknowns is a good starting point for reconsidering legislation, regulation, contracts, and project risk in preparation for the future probability of hydrogen pipelines.

THE RECOGNITION AND ENFORCEMENT OF AGREEMENTS RESULTING FROM MEDIATION: AUSTRIAN AND UKRAINIAN PERSPECTIVES

Background: The recognition and enforcement of settlement agreements resulting from mediation are of key importance for the effectiveness of this alternative dispute resolution method. Austria is considered to be one of the pioneers of mediation practice in Europe, and its developments can be helpful and interesting for other countries, especially for Ukraine, which obtained the EU candidate country status. In Austria, there are three main possibilities for making such settlement agreements enforceable: a notarial deed, approval by the arbitration tribunal, and approval by the court. In cross-border disputes, enforceability can be reached within the Brussel Ia Regulation, the New York Convention, and national procedures for the recognition and enforcement of foreign court judgments and other acts. In Ukraine, there is the possibility of court approval and approval by arbitration of such settlement agreements. Methods: The present research is based on a comparative approach. The authors juxtaposed Austrian and Ukrainian national models of recognition and enforcement of agreements resulting from mediation. The comparison allows us to see both models’ strengths and drawbacks. The analytical method was used to interpret national legislature and international instruments. Using hypothetical models, the authors make a prognosis about the legal effects of recognition and enforcement of agreements resulting from mediation in cross-border disputes in national legal orders. Results and Conclusions: The authors propose amendments to the Ukrainian legislation, in particular, to enshrine in the CPC of Ukraine a new procedure of approval of settlement agreements resulting from out-of-court mediation and the possibility of the enforcement of such agreements as notarial deeds; to provide direct enforcement of arbitration awards; to introduce a new simplified procedure for the enforcement of judgments and other enforceable titles for the implementation of the Brussel Ia Regulation during the adaptation of Ukrainian legislation to the EU law; to adopt the Law on ratification of the Singapore Convention and enshrined simplified procedure for enforcement of the international settlement agreements resulting from mediation.

THE ASYMMETRY OF DISPUTANTS IN CONSTRUCTION MEDIATION

Mediation has been encouraged as a primary alternative dispute resolution mechanism to deal with construction disputes in Hong Kong. Considering its cost and time advantages, mediation is expected to be welcomed by the parties in dispute. However, in the past decade, the rate of mediation adoption has not been particularly outstanding. While it is believed that voluntary participation is pivotal to successful mediation, the unequal footing of the disputing parties may negate voluntary attempts. Past mediation research mostly studied the determinants of mediation, the choice of mediation tactics, outcomes of mediation which is quite descriptive than theoretical. This study examines the forms of asymmetry and their existence or otherwise in construction dispute mediation. Manifestations of asymmetries were operationalized from literature. Data for the study were collected from Hong Kong's construction experienced professionals. The majority of the one hundred ninety-three valid responses are from respondents having over 20 years of work experience in the industry. Three forms of asymmetry were suggested by processing the data through a principal component factor analysis (PCFA). The empirical findings affirm the proposed forms of asymmetry derived from theory. Mediators should assist the disputants to: i) prepare well for the mediation and not to use financial resources to protract the mediation process; ii) investigate the actual happenings leading to the dispute as detailed as possible; and iii) develop genuine attitude for achieving a quick settlement.

판례 분석을 통한, 즉시연금보험 분쟁의 해결 방안 연구

In the disputes over immediate annuity insurance, the court's judgments of the first and second instances related to the insurer's duty to explain are presented. The disputes began in 2017, and the Financial Supervisory Service's Dispute Mediation Committee recommended that all inherited annuity products(maturity refund type) subscribers pay additional underpaid insurance, but insurers refused to pay collectively except for the mediation case. According to the precedents that consumers have won so far, insurers should specify the risks that “insurers can pay less than the minimum guaranteed rate at the time of the fall in interest rates” and “the monthly pension amount shall be paid after deducting the reserves for financing the maturity refund” in the terms and conditions. In addition, on the basis that the insurance company did not explain this to the customer, the court applied Article 3, Paragraph 4 of Act on the Regulation of Terms and Conditions to invalidate the incorporation into the contents of the insurance contract. Furthermore, the court orders the insurance company to pay the difference to the consumer based on the difference from the minimum guaranteed interest rate or the initial annuity insurance money (the amount without deducting the accumulated amount for the maturity refund fund). In this study, it was considered reasonable to apply Article 102 of the Old Insurance Business Act (current Articles 44 and 45 of Act on the Protection of Financial Consumers) rather than applying Article 3, Paragraph 4 of Act on the Regulation of Terms and Conditions when the insurer violates the duty of explanation. Also, the policyholder's negligence offset can be applied individually, and fairness can be established in accounting for unpaid insurance money. Moreover, in the immediate annuity insurance case, policyholders recognized that the insurer had violated the duty of explanation only after the monthly annuity less than the minimum guaranteed interest rate was paid. The question is whether to view it as the payment date of the monthly annuity of the company or as the time when the existence of the right to claim insurance money was known. In the judgments related to immediate annuity that have been issued so far, the position is that an insurer who refuses to pay insurance loses the lawsuit and that it is unacceptable as an abuse of rights against the principle of good faith that the statute of limitations for claiming insurance has expired. The Supreme Court precedent regarding accidental death benefit considered more emphasis on the pursuit of legal stability, refusing to recognize restrictions based on the principle of good faith, and strictly interpreting the extinctive prescription period. Presumably, the short-term limitation of three years (2 years in most cases subject to immediate annuity) applies to the right to claim insurance money, and it is difficult for general consumers to understand that they must file a claim in court to stop the extinctive prescription period. When the insurer refuses to pay the insurance money, the consumer believes the insurer's words and in most cases gives up on the claim, and even after a court judgment has been issued and the insurance claim is subject to the extinctive prescription period, the claim is frustrated again. Seems to be a very unreasonable result for consumers in. It is necessary to avoid the attitude of omitting key points and not explaining them in detail by delegating specific details to complex and difficult product terms and conditions. I think it's time to listen to the alternative of applying subjective starting points to insurance claims subject to short-term limitation period.

TİCARET ŞİRKETLERİNDE SERMAYE BORCUNUN İFASI TALEPLİ DAVALARIN DAVA ŞARTI ARABULUCULUK AÇISINDAN DEĞERLENDİRİLMESİ

6325 s. Hukuk Uyuşmazlıkları Arabuluculuk Kanunu hükümlerine göre, özel hukuk temelli olan ve tarafların üzerinde serbestçe tasarruf edebildikleri iş ve işlemlerden doğan uyuşmazlıklar arabuluculuk müessesesinin çalıştırılması suretiyle bir çözüme kavuşturulabilir. Kanunun 18A maddesine göre ise, ilgili kanunlarda arabulucuya başvurulmuş olması dava şartı olarak kabul edilmiş ise arabuluculuk sürecine başvurulması zorunludur. 6102 s. Türk Ticaret Kanunu’na eklenen 5A maddesi gereğince, Türk Ticaret Kanunu’nun 4 üncü maddesinde ve diğer kanunlarda belirtilen ticari davalardan, konusu bir miktar paranın ödenmesi olan alacak ve tazminat talepleri hakkında dava açılmadan önce arabulucuya başvurulmuş olması dava şartıdır. Türk Ticaret Kanunu’nun 127, 128, 129 ve 482 nci maddelerinde, şahıs veya sermaye şirketlerinde, taahhüt edilen sermayenin getirilmemesi halinde, şirket veya şirket ortakları, borcun ifasını, temerrüt faizinin ödenmesini, varsa zararın tazmin edilmesini, kararlaştırılmış ise cezai şartın ödenmesini ve son olarak - sermaye şirketlerinde - ıskat müessesesinin çalıştırılmasını talep edebilirler. Sermayenin getirilmemesi sonucu ileri sürülen bu talepler neticesinde ortaya çıkan uyuşmazlıkların, dava şartı arabuluculuk kapsamı içerisinde olup olmadığının tartışılması gerekmektedir.

금융소비자보호법상의 금융분쟁조정절차에 관한 절차법적 측면의 고찰

Whether to emphasize the principle of private autonomy in the procedural aspect in mediation or the number and outcomes of case resolution through mediation is a matter of individual values and philosophy of each country or individual. In the former case, emphasis is placed on the provision of a fundamental resolution to a dispute such as satisfaction of the parties with the procedure or a genuine agreement between the parties, and in the latter case, the focus is on the cost-effectiveness of the mediator’s work. The former represents mediation based on the Singapore Mediation Convention(United Nations Convention on International Settlement Agreements resulting from Mediation), the latter represents the UK's Ombudsmen service.
 In general, emphasizing party-leading civil procedure countries are place importance on the parties' right to form the procedure itself or take the party’s initiative in mediation proceedings. On the other hand, court-leading civil procedure countries which are strengthening the authority of the courts taking the position that mediator must be a lawyer, or at least a person with a lawyer's qualifications. They thought mediation is fundamentally the same system like civil litigation.
 Unfortunately, the latter point of view could only be used as specifying mediation system of the country, but it is contradictory to the origin of ADR(Alternativie Dispute Resolution) system or mediation system. It goes without saying that it also contradictory to the standards for mediation of the Singapore Mediation Convention.
 This my view does not mean that there is no need for a dispute resolution method which emphasizes the number and outcome of case resolution. I am fully understand the reason why the performance-oriented dispute resolution method was activated in Korea.
 Therefore, I propose to establish a separate performance-oriented dispute resolution system from the party-leading mediation process. In that case, the dispute resolution procedure can play its own independent role as another form of alternative dispute resolution.
 In the case of the financial sector, between the roles of the Financial Supervisory Service and the Financial Dispute Mediation Committee’s work must be distinguished, and the Financial Dispute Mediation Committee needs to be operated as an independent institution. The goals of the Financial Supervisory Service should be different from the goals of the Financial Dispute Mediation Committee. While the Financial Supervisory Service should play the role of a representative financial regulatory body, the Financial Dispute Mediation Committee is not a tool to increase the regulatory effect of the Financial Supervisory Service, but rather stands impartiality between financial consumers and financial institutions to resolve financial disputes fairly.
 Korea's financial dispute mediation, which gave the same effect as a final judgment effect to the decision of the Committee, without guaranteeing the independence of the Financial Dispute Mediation Committee, could be problomatic in Dispure Resolution System. This ends to blocking the path to judicial review of court.
 In case both parties do not object within two weeks of the financial mediation committee’s decision which regards as consent of both and only on party’s consent(usually finantial consumer’s consent) regards as bilateral consent (acceptance) is not fit for Korea civil procedure system. The Korea civil Procedure Act grants Res Judicata effect to settlement and the effect also recognized in mediation of the Financial Dispute Mediation Committee’s decision.
 It is also not appropriate to translate the UK Financial Ombudsmen Service as a mediation. There is also a big problem in combining the UK financial ombudsmen service that recognizes unilateral consent within a very limited scope. UK Ombudsmen service is a unique system which is different from the existing worldwide ADR or mediation.

Investment Dispute Settlement Mechanisms under the Recovery of CalvoismReform Practices and way forward

As the recovery of the Calvo Doctrine is becoming more and more apparent, the reform practice of the investment dispute settlement mechanism is also affected. The world's major economies have practiced different reform models according to their actual conditions, broadly categorized into the radical abandonment model represented by Latin American countries, the partial improvement model represented by the United States, and the institutional innovation model represented by the European Union. The essence of the Calvo Doctrine's "non-intervention" core corresponds to the field of investment dispute settlement, which is mainly reflected in the host country's opposition to the superior treatment of foreign investors over domestic investors, thus excluding investment disputes from being handled by international investment arbitration bodies. China, as the initiator of the "One Belt, One Road" initiative, should follow the trend of Calvo Doctrine recovery in the current reform of the investment dispute settlement mechanism, re-examine the international investment arbitration mechanism based on dialectical analysis of different reform proposals of various economies, explore and build a preventive and alternative approach based on investment dispute prevention and dispute mediation, and respond to the needs of the international community. To address the crisis of the legitimacy of the current investment arbitration under the revival of the Calvo Doctrine, we will explore the investment dispute settlement mechanism under the "One Belt, One Road" initiative from a new perspective with a distinctive Chinese solution.

An Empirical Study on Mediation in Civil and Commercial Disputes in Europe: The Mediation Service Providers Perspective

An Empirical Study on Mediation in Civil and Commercial Disputes in Europe: The Mediation Service Providers Perspective

법외노조 자치권의 법적 지위에 관한 연구

Workers are free to organize or join labor unions and are assured labor's three primary rights. The guarantee of workers' right to organize under the Constitution and the labor union under the Labor Union Act should be finished the report of the establishment by organizing independently with workers becoming the main body and by having the qualification of not conforming to the active and passive requirements with the aim of improving and maintaining the working conditions and of enhancing other workers’ economic and social position. The administrative agency's recent notification of non-legal union to teachers' union caused a considerable social controversy in relation to the existence of labor unions. This outlawed trade union notification system is what raises a fundamental question about the legal status of a trade union and is what determines the existence of labor unions under the leadership of the administrative authorities, thereby bringing about various constitutional problems. This system has problems such as the regulatory autonomy, the over-packing of risks, the excessive intervention by the administrative agency, and the weakening of workers' right to a trial. When a labor organization of meeting the substantial requirements for a trade union does not receive a certificate of the establishment report, it is considered to be just unable to get a certain amount of protection such as the labor dispute mediation and the application for relief of unfair labor practices, but to be capable of being protected general rights, which are recognized by the subjects of enjoying the basic labor rights. Also, an individual worker who is a member of the organization may apply to the Labor Relations Commission for relief in own name or in the name of the organization concerned when dismissal or other disadvantageous treatment thereof corresponds to an unfair labor practice. When an employer inflicts a damage by infringing on the legitimate unity activities of the organization, the organization needs to be regarded as being capable of claiming the damages for illegal activities.

행정업무운영제도에 관한 연구

Workers are free to organize or join labor unions and are assured labor's three primary rights. The guarantee of workers' right to organize under the Constitution and the labor union under the Labor Union Act should be finished the report of the establishment by organizing independently with workers becoming the main body and by having the qualification of not conforming to the active and passive requirements with the aim of improving and maintaining the working conditions and of enhancing other workers’ economic and social position. The administrative agency's recent notification of non-legal union to teachers' union caused a considerable social controversy in relation to the existence of labor unions. This outlawed trade union notification system is what raises a fundamental question about the legal status of a trade union and is what determines the existence of labor unions under the leadership of the administrative authorities, thereby bringing about various constitutional problems. This system has problems such as the regulatory autonomy, the over-packing of risks, the excessive intervention by the administrative agency, and the weakening of workers' right to a trial. When a labor organization of meeting the substantial requirements for a trade union does not receive a certificate of the establishment report, it is considered to be just unable to get a certain amount of protection such as the labor dispute mediation and the application for relief of unfair labor practices, but to be capable of being protected general rights, which are recognized by the subjects of enjoying the basic labor rights. Also, an individual worker who is a member of the organization may apply to the Labor Relations Commission for relief in own name or in the name of the organization concerned when dismissal or other disadvantageous treatment thereof corresponds to an unfair labor practice. When an employer inflicts a damage by infringing on the legitimate unity activities of the organization, the organization needs to be regarded as being capable of claiming the damages for illegal activities.

재건축 조합과 시공자의 분쟁 해결방안에 관한 연구

In the case where the owner of the land carries out the reconstruction project by establishing a cooperative, the cooperative tends to lack the ability and expertise to carry out the project independently. The cooperative carries out the project through contracts with service providers in each field, such as contractors and maintenance business specialists. In particular, the association and the contractor must carry out the reconstruction project in a complementary manner. However, conflicts of interest may lead to disputes between the cooperative and the contractor. Social impact should be eliminated and the reconstruction project should proceed smoothly upon the resolution of these disputes. Disputes on the Dunchon Jugong reconstruction project are regarding construction costs, sale prices, and luxury complexes. As a solution to these disputes, the system should be improved so that the verification of construction costs is legally binding. Like the Construction Management system, the support system for strengthening the professionalism of the union should also be activated. In addition, it is necessary to establish organizations and systems such as the operation of a consultative body for dispute settlement, the dispute mediation committee and the maintenance project coordinator. With the activation of the trust-type maintenance project, the reconstruction project should proceed smoothly by shortening the project period due to procedural shortening and preventing internal disputes in the association. Lastly, it is expected that research will be actively conducted on the contents that have limitations in the current and legal systems, contributing to the smooth progress and vitalization of the reconstruction project. In this study, by examining the disputes between the Dunchon Jugong reconstruction project and the contractor, we propose a solution to the dispute and expect that the solution will prevent the occurrence of disputes in advance and further deterioration in the progress of the project so that the reconstruction project can be resolved smoothly.