공급망 ESG 관리에서 예상되는 분쟁 중재에 관한 연구

• 영문명: A Study on Expected Dispute Arbitration in Supply Chain ESG Management: Focusing on the cases of POSCO and NAVER
• 발행기관: 한국중재학회
• 저자명: 이건우(Geonwoo Lee) 이정은(Jungeun Lee) 이훈종(Hunjong Lee)
• 간행물 정보: 『중재연구』제34권 제1호, 75~101쪽, 전체 27쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2024.03.30

영문 초록

“ESG management” guides companies to prioritize corporate social responsibility and sustainable development as key management objectives, going beyond mere financial performance pursuits. This approach involves creating a sustainable and robust supply chain by urging companies, acting as 'supply chain managers', to implement ESG management practices alongside their 'supply chain partners'. The domestic business community has been quick to respond to this trend, recognizing that failure to adhere to ESG standards set by organizations such as the EU and SEC could lead to severe repercussions, including exclusion from international trade and reputational damage. POSCO and NAVER, two leading Korean companies, are at the forefront of practicing ESG management effectively. They have both produced and publicly disclosed ESG management reports, showcasing their success in enhancing supply chain ESG management. However, as supply chain managers enforce ESG-related obligations on their suppliers, the likelihood of disputes between the parties may increase. In scenarios where supply chain ESG management leads to conflicts between supply chain managers and suppliers, commercial arbitration emerges as a viable solution for dispute resolution. This method offers several advantages, including the arbitrators' expertise, time and cost efficiency, the binding nature of decisions akin to a court's final judgment, international recognition under the New York Convention, confidentiality, and ample opportunity for parties to be heard. Our analysis focuses on the emerging disputes between supply chain managers and suppliers within the context of supply chain ESG management, particularly examining the cases of POSCO and NAVER. By categorizing the expected types of disputes and assessing the appropriateness of commercial arbitration for their resolution, we highlight the effectiveness of this approach. Furthermore, we propose leveraging the Korean Commercial Arbitration Board's role to enhance the use of arbitration in resolving supply chain ESG disputes, underscoring its potential as a strategic tool for maintaining sustainable and harmonious supply chain relationships.

목차

Ⅰ. 서 론

Ⅱ. 공급망 ESG 관리와 분쟁의 유형

Ⅲ. 분쟁의 중재

Ⅳ. 대한상사중재원에의 제언

Ⅴ. 결 론

참고문헌

키워드

공급망 상사중재 표준계약서 전문중재인 ESG Supply Chain Commercial Arbitration Standard Contract Professional Arbitrator