• 환경영향평가
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• 제22권1호
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• pp.117-124
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• 2013

The introduction of Extended Producer Responsibility(EPR), voluntary agreements and operating were analyzed in this study. The voluntary agreement to participate in the manufacturers, recyclers and management reporting agency data and literature data to verify through research and analysis assessing the performance of the management plan for this system was analyzed. The effectiveness of Voluntary Agreement(VA) on waste analysis system of voluntary agreements with the voluntary agreement of waste reduction savings exemption amount and reductions in greenhouse gases, such as comparison and understanding of business organizations participate waste recycling effects were verified. The Voluntary Agreements as a means of future regulatory system for the ongoing operation of the waste recycling operations and systems effectiveness analysis of the problems appearing in operators and manufacturers suggest ways to improve it.

• 자원ㆍ환경경제연구
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• 제15권1호
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• pp.95-133
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• 2006

기후변화협약은 전세계적으로 환경-경제-에너지가 연계된 가장 중요한 이슈로 부상하였으며, 우리나라는 에너지 이용합리화를 통한 온실가스 감축을 위해 각종 정책들을 수립하여 추진하고 있으며, 이중 자발적 협약(Voluntary Agreement)을 1999년부터 실시하고 있다. 우리나라에서 시행되고 있는 자발적 협약의 온실가스 감축효과 및 국민경제와 타 산업에 미치는 영향을 분석한다. 협약에 참가하는 산업들의 연료대체 및 에너지 효율향상 노력여하에 따라 동 정책이 no-regret 정책이 될 수 있을 것으로 분석되었다. 협약 상의 에너지 절감목표를 달성함에 있어 연료대체와 에너지 효율향상 등을 통하여 협약에 참여하는 산업들의 생산량을 줄이지 않아도 될 경우, 국가 전체적으로 온실가스 감축효과와 경제적 이득을 동시에 도출할 수 있을 것으로 분석되었다. 따라서 향후 자발적 협약을 확대 실시함에 있어 협약에 참가하는 산업들의 청정연료로의 연료대체 및 에너지효율 향상을 위한 정부의 적극적 지원책의 중요성이 부각되었다.

• 한국중재학회지:중재연구
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• 제12권1호
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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.

• 환경정책연구
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• 제5권4호
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• pp.107-126
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• 2006

위협으로 뒷받침되는 강제된 자발적 협약은 정부가 원하는 재활용 목표를 최소비용으로 재활용할 수 있게 한다. 이 논문에서는 재활용에 관한 정부와 산업계의 자발적 협약을 경기(game)상황으로 이해하고 경기의 균형이 존재하는지 그리고 그 균형은 관련 산업 전체의 비용최소화를 보장하는지 검토하였다. 먼저 업계 전체를 당사자로 하여 대표인 협회와 정부 간의 쌍무 협약에 있어서 협약 참가자의 전략을 검토하고 업계의 비용최소화 전략이 Nash 균형 (SPNE)인지 여부를 판정함으로써 정부에서 기대하는 비용최소화 조건을 충족시키는지 검증하였다. 다음에는 협회와 회원 기업 간의 다자간 협약을 바탕으로 무임승차가 존재하는 경우와 그렇지 않은 경우로 나누어 개별 기업의 비용최소화 전략이 어떻게 균형을 가져오게 되는지 검토하였으며 마지막으로 이러한 이론적 분석결과가 현실의 정책평가에 어떻게 활용될 수 있는지 그 가능성을 검토하여 보았다.

• 대한전기학회:학술대회논문집
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• 대한전기학회 2006년도 제37회 하계학술대회 논문집 A
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• pp.382-383
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• 2006

본 논문은 에너지절약 및 온실가스 배출감소를 목적으로 시행하고 있는 에너지절약정책 중 산업체 자발적협약(Voluntary Agreement)제도의 정책효과를 계량화하기 위한 접근방법을 제시한다. 시책 추진효과의 계량은 2단계 접근으로, 1단계에서 절감효과(에너지 절감 및 온실가스 저감)를 파악하고, 2단계에서 이를 가치화하는 과정으로 수행된다.

• 한국환경보건학회지
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• 제45권4호
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• pp.321-325
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• 2019

The recent humidifier disinfectant disaster has caused a great change in our society and lead the Korean people to lose faith in the government and corporations. To overcome this mistrust, the government and corporations have undertaken certain efforts, including a voluntary agreement on consumer product safety. All the ingredients of a consumer product should be disclosed according to this voluntary agreement. There were also unexpected benefits occuring from this process. We found that the concept of corporate responsibility for product safety differed greatly among the various actors in Korean society. Corporations believed that a product could be considered safe if it contained no regulated substances. We have come to believe that this may be an important cause of the humidifier disinfectant disaster. The Korean government, corporations, and civil organizations have reached a consensus that it is a corporation's responsibility to evaluate the risks of products before they are introduced to the market. However, the limitations of these voluntary efforts are clear, and the legal system needs to be improved. We suggest that the concept of extreme recklessness should be introduced into regulations on product safety.

• 한국중재학회지:중재연구
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• 제21권3호
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• pp.165-187
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• 2011

This paper investigates on the legal doctrine of "voluntary, knowing, and intelligent" (VKI Doctrine). The main points that were discussed include the history of the VKI doctrine and the US courts' attitudes toward the doctrine. It was also discussed how the VKI doctrine influenced the protection of consumer who agreed to arbitrate with businesses. The US courts' attitudes have shown to be split in application of the VKI doctrine to disputes in the enforceability of arbitration agreement between the consumers and the businesses. In order for the arbitration agreement to be invalidated, the state legislature cannot enact law that are directly targeted toward the validity of arbitration agreement. Rather the contract law in each of the state should be applied to the evaluation of the validity of an arbitration agreement. As the more and more consumers become familiar with the arbitration, the need for the VKI doctrine to protect the individual consumers in arbitration is expected to be diminished in future disputes.

• 한국콘텐츠학회논문지
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• 제7권12호
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• pp.105-113
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• 2007

임의동행은 경찰행정작용 또는 임의수사의 한 방법이다. 피의자 등은 수사기관의 임의동행의 요구를 받았을 때에 임의로 동행을 승낙할 수도 있고, 거부할 수도 있다. 피동행자가 임의동행을 거부하였을 때에는 수사기관은 동행을 강요할 수 없고, 구속의 요건이 있을 때에 한하여 체포영장을 발부받아 체포하거나, 긴급구속의 요건에 해당될 때에는 영장 없이 긴급체포 형식으로 강제 동행한 후 구속영장을 청구할 수 있다. 이러한 처분은 형사소송법의 규정에 의하지 않는 한 피동행자의 신체를 구속하거나 그 의사에 반하여 답변을 강요할 수 없기 때문에 문제가 되는 것이다. 이러한 문제를 입법론, 판례 등을 참고하여 실제 우리나라의 임의동행에 의한 수사의 적법성에 부수하여 운영실태의 범위와 한계 등 책임성 문제를 고찰해 본다.

• 한국중재학회지:중재연구
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• 제15권1호
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• pp.147-178
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• 2005

Arbitration agreement is an agreement by the parties to submit to arbitration all or certain dispute which have arisen or which may arise between them. Arbitration agreement is an important factor to judge the existence of the mutual arbitration agreement and it should be the object of examination before anything else to judge the existence of the mutual arbitration agreement. Recently the Supreme Court seemed to make negative position about validity of selective arbitration agreement. However theoretically and scientifically selective arbitration agreement is a valid arbitration agreement. Examine selective arbitration agreement throughly according to the autonomy of the parties rules, wide jurisdiction rules of interpretation, principle of kompetenz-kompetenz, and moses cone presumption rule of interpretation, selective arbitration agreement is a valid arbitration agreement. Also analyze precedents in accordance with validity of selective from all angles which are voluntary agreement of the parties, agreement in writing, principle of private autonomy, comparative study of domestic and foreign precedents and mutual relation of arbitration and trial, selective arbitration agreement based on principle of private by the parties is considered a valid arbitration agreement. Courts should actively accept selective arbitration agreement as a valid arbitration agreement to make foreign companies prefer arbitration in Korea and in oder for arbitration to be widely used in disputes.

• 유통과학연구
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• 제13권10호
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• pp.93-99
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• 2015

Purpose - It has been argued that the regulations restricting entry and opening hours of General Super Markets and Super Super Markets have not been as effective as expected. In contrast, the win-win item scheme that appeared recently has the advantage that it could raise the effectiveness of the system in that win-win items are in principle resigned on the basis of bilateral agreements. This study analyzes the win-win item agreement made between Homeplus at Hap-jung and small traditional markets to examine the practical effectiveness of the win-win item scheme. While existing literature studying the regulatory effects have concentrated on the restrictions around store entry or opening hours of large retailers, it can be said that there have been few empirical studies on the effect of win-win items agreement with large retailers. Research design, data, and methodology - Homeplus at Hap-jung made a win-win items agreement with nearby small traditional market traders in 2013. In accordance with this voluntary agreement, Homeplus started by limiting its sales to 15 win-win items. The survey was conducted through one-on-one interviews, April 14 to May 2, 2014, by a professional public opinion research agency. The interviews were targeted at small business retailers in the nearby traditional market. We divided the traditional markets near Homeplus at Hap-jung where the win-win item agreement was achieved into two groups, win-win item agreement markets and non win-win item agreement markets, to compare the performance difference between the two groups. Results - To determine the change in sales of the 15 win-win items, we examined the performance difference between the two groups using two criteria (compared with similar items, and compared to sales volume a year ago). The results show that the individual sales of win-win items in the win-win item agreement markets are more likely to increase than in the non win-win item agreement markets. Total sales volume of individual stores in the agreement markets also showed a more significant increase compared to a year ago than those in non win-win item agreement markets. Conclusions - Contrary to the existing retail regulations that have one-sided and uniform characteristics, it can be pointed out that the win-win item scheme has the effect of increasing the success of the system itself because it is done on the basis of mutual agreement between General Super Markets and traditional markets. The empirical results of this study can be said to support this conjecture. For the successful settlement of a win-win items agreement, the following points should be reviewed. First, it requires a great effort from the selection process of win-win items in order to improve the effectiveness of the agreement. Second, the existing General Super Markets customers should be introduced to the traditional markets or small shops to increase the sales of win-win items. Therefore, voluntary effort is essentially required from the traditional markets to engage customers.