Uploaded on

 

  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
791
On Slideshare
0
From Embeds
0
Number of Embeds
1

Actions

Shares
Downloads
0
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. Moonchul Chang Professor of Law National Police University South Korea
  • 2. 1. Introduction  ODR has developed as a new method of alternative dispute resolution with rapidly developing internet technology in South Korea.  Korean E-Commerce Mediation Committee (ECMC) to provide both traditional ADR and ODR service to resolve mainly e-commerce disputes  Korean Internet Address Dispute Resolution Committee (KIDRC). ---ODR service which is similar to UDRP of global standard to resolve domain name disputes only.  In addition, the Supreme Court of Korea is to introduce Electronic Filing at Korean courts’ system
  • 3. 2. Korean E-Commerce Mediation Committee (ECMC)  In April 2000 the ECMC launched ODR services  Panel of 50 mediators  A case manager of its secretariat manages a basic plan for the mediation process.  The result of mediation is published annually by the secretariat
  • 4.  In 2008 ECMC handled 3,631 cases of e-commerce disputes by mediation, among which B2C disputes account for 75.1 %, C2C for 20.6% and B2B for 3.1%. Fig. 1. Classification of Disputes handled by ECMC (unit: number of case) Submission Consulting of Withdrawal Not Settled Settled Grievances Complaints 2005 12,034 1,750 664 188 898 2006 11,054 1,991 560 221 1,210 2007 11,067 2,668 966 260 1,442 2008 10,696 3,631 1,118 389 2,124
  • 5. The causes of major complaints in 2008  Cancellation of Contract due to deliveries of defective products or refusal of refunds for products (53.3%)  Delayed delivery (12.3%)  Non-performance (10.1%)  Online shopping malls were closed (0.9%) Causes of E-commerce Disputes (2008) Cancellation of Contract 850 23,4% Delivery 32 Non-performance 0,9% 1937 53,3% Closing of Shopping mall 367 10,1% Others 445 12,3%
  • 6. In 2008 ECMC handled following sort of disputes: clothes & shoes (37.1%), cosmetics & others (9.5%), computer appliances (9.1%), home electronics (8.3%) and online games (7.3%), etc. Clothes & Shoes 83 (3%) 69 (2%) Cosmetics & Others 86 (3%) Computers & Communication appliances 110 (4%) 118 (4%) Home Electronic & Camera Online games 264 (9%) 1346 (43%) Watches & Accessories Online games Clothes & Shoes Digital contents 300 (10%) Home Electronic &Camera Home furnitures Sports 331 (11%) Computers & appiances Books & CD 345 (11%) Cosmetics &others
  • 7. The amount of money claimed in 88% of complaints was less than 500 US dollars.---mainly related to consumer protection issues. Figure 4 Sum of money claimed in complaints (Unit : Number of case, %, Won) Rate of incr Classification 2007 2008 ease Over 2007 Less than 10,000 122 (4.6) 235 (6.5) 92.6 10,000 ~ 50,000 55.9 (21.0) 987 (27.2) 76.6 50,000 ~ 100,000 683 (25.6) 827 (22.8) 21.1 100,000 ~ 500,000 880 (33.0) 1,144 (31.5) 30.0 500,000 ~ 1 million 195 (7.3) 215 (5.9) 10.3 1 million ~ 5 million 128 (4.8) 181 (5.0) 41.4 Over 5 million 18 (0.7) 42 (1.2) 133.3 Others 83 (3.1) 0 (0.0) 100.0 Total 2,668 (100.0) 3,631 (100.0) 36.1
  • 8. ECMC provides traditional offline ADR as well as ODR service. Depending on the complexity of disputes ECMC may hold face to face hearing session. It offers Cyber Mediation by using online chatting program in http://www.ecmc.or.kr. Additionally holding a telephone conference to clarify the factual and legal issues in claims. ECMC has recently employed the Automated Consulting System (ACS) to assist parties to get an online consultation. (see http://lex.ecmc.or.kr) -- While ECMC consulted 10,696 cases of e-commerce grievances in 2008, ACS handled 5,354 cases.
  • 9. 3. Korean Internet Address Dispute Resolution Committee (KIDRC)  In January 2002 KDDRC launched domain name dispute resolution service--the predecessor of current KIDRC.  In 2004 KIDRC was established under the Act on Internet Address Resources.  KIDRC offers ODR service which modelled after UDRP (Uniform Domain Name Dispute Resolution Policy) to resolve .kr country code top level domain name (ccTLD) disputes.  KIDRC handled 279 cases during the period of 2002-2008  In addition KIDRC is currently working as the Seoul branch office of ADNDRC (Asian Domain Name Dispute Resolution Center) to handle gTLD domain name disputes.
  • 10. Fig. 5. Results of Dispute cases handled by KIDRC (2002-2008) Result of Resolution Number of Cases Ratio (%) Mandatory Transfer 85 30.5 Cancellation 119 42.6 Dismissal 25 9.0 Withdrawal by Parties’ agre 39 14.0 ement Withdrawal due to unpaid fe 11 3.9 e Total number of cases 279 100
  • 11. Salient features of Korean Domain Name Dispute Resolution Policy (KDRP) 1. Cross-border Disputes Many complainants are internationally well known trademark owners and respondents are Korean 2. KDRP modelled after UDRP (Uniform Domain Name Dispute Resolution Policy) To overcome legal complexity arising from conflict of law issues such as jurisdiction and choice of law issues. 3. Speedy, Inexpensive and Non-binding Arbitration Procedure. 4. Paperless ODR-- without a face to face hearing session. To save time and money in resolving domain name disputes without travelling in long distance to participate in hearing session. 5. Remedy of KDRP is limited to the transfer or the cancellation of disputed domain names but monetary claims for damages are not allowed.
  • 12. Difference between KDRP and UDRP- -the test for domain name dispute resolution  Under the UDRP Complainant must prove (i) identical or confusingly similarity test (ii) legitimate interests test (iii) bad faith test  To reduce the conflicts between domain name dispute resolution practice and the current Korean legal system  Under the KDRP Complainant must prove one or more among the followings: (i) the Respondent’s use of the domain name infringes the Complainant’s trademark rights (ii) the Respondent’s use of the domain name leads to confusion with the Complainant’s products or business conduct (iii) the Respondent’s use of the domain name damages the distinctiveness or reputation of the Complaint’s trademark or service mark (iv) the Respondent’s domain name registration is conducted to interfere Complainant’s registration or to obtain unjustifiable profits
  • 13. 4. Electronic Litigation Filing System in Korean Courts  The Supreme Court of Korea announced to adopt the e-filing service on a few civil cases in 2010.  Then, the e-litigation system will be introduced to all civil, administrative, domestic, and bankruptcy cases starting in 2012 .  The adoption of the electronic litigation service has become possible by the enactment of the Act on the Use of Electronic Documents in Civil Lawsuits.  This law provides the definition of “electronic document” and stipulates the scope and procedures of electronic litigation.  Electronic litigation filing allows a plaintiff to file for lawsuit or present necessary legal documents on the internet and the court to render the decision via electronic documents, thereby eliminating the need to use paper to proceed with a lawsuit.
  • 14. 5. Conclusion With rapidly developing internet technology, more ADR providers and Korean courts are expected to employ the ODR system.