편집자 주     본지에서는 전세계 외국인 독자들을 대상으로 한국의 역사와 문화를 정확하게 소개하기 위해 김정기 변호사의 칼럼을 영문판으로 연재를 시작합니다.

한국의 역사와 문화에 관심있는 전 세계인들에게 도움이 되길 바랍니다.

한국어 독자들은 한국어로 번역된 화면이 보이므로 반드시 사이트 상단에서 원문보기로 설정하셔야 영문판으로 보실수 있습니다.

 

 
 

☆김정기 총장 주요 약력☆
 
● 학력
- 뉴욕주립대학교(StonyBrook) 정치학과 수석졸업
- 마케트대학교(Marquette) 로스쿨 법학박사
- 하버드대학교(Harvard) 케네디스쿨 최고위과정
- 베이징대학교(Peking) 북한학 연구학자

 
● 경력
- 제8대 주상하이 대한민국 총영사(13등급 대사)
- 2010 상하이엑스포 대한민국관 정부대표
- 아시아태평양지방정부네트워크(CityNet) 사무국 대표
- 세계스마트시티기구(WeGO) 사무국 사무총장
- 밀워키지방법원 재판연구원 
- 법무법인 대륙아주 중국 총괄 미국변호사
- 난징대학교 국제경제연구소 객좌교수
- 베이징대학교 동방학연구원 연구교수
- 국민대학교 정치대학원 특임교수
- 동국대학교 경영전문대학원 석좌교수
- 숭실사이버대학교 초대 총장

 
● 저서
- 대학생을 위한 거로영어연구[전10권](거로출판사)
- 나는 1%의 가능성에 도전한다(조선일보사)
- 한국형 협상의 법칙(청년정신사)
- 대한민국과 세계 이야기(도서출판 책미듬)

(NewsKorea=Seoul) Digital News Team = Korea Story 31 - <Society and Welfare 7  by Atty Jeong-kee Kim>

● The art of negotiation is the only cure for sick Korean society.

From the perspective of a Westerner, Korean society appears to be an incurably sick society. Why does it seem that way? In their eyes, Koreans are constantly generating conflict structures, engaging only in unproductive wars of attrition. Take the ongoing left-right frame war that has continued since liberation in 1945; even now, it shows no sign of stopping. Although I am Korean, I was fortunate enough to gain a perspective that allows me to view Korean society objectively through Western eyes. As a child, I was raised by my grandfather, a Confucian scholar, who taught me to live honorably as a descendant of a noble family, upholding faithfulness and loyalty. In other words, traditional Confucian heritage dominated my mental world. While taking liberal arts courses at an American university, I was exposed to many Western philosophies, and among them, pragmatism brought a tremendous change to my way of thinking. Then, when I was finishing my sophomore year at State University of New York at Stony Brook, I ran out of money. I ended up studying East Asian studies as a junior at Yonsei University's International Studies Division for a year. During that time, I taught English classes at Yonsei and Ewha during the semester, and added Korea University and Sogang University during the summer and winter vacations, earning the tuition and living expenses I needed to finish my senior year at Stony Brook University and graduate. Through this, I became one of the rare Koreans who can properly see Korea from a Korean perspective, informed by the pragmatism I had learned in the U.S., and by studying politics, history, and sociology of China, Japan, as well as Korea.

Almost every Korean is exposed to conflict structures daily, even hourly, but very few manage to overcome these situations wisely to become a Solomon. Most often, they become scapegoats, mentally scarred in the process. As a result, over 70% of Koreans would seem to need psychiatric treatment for neurosis, from the perspective of citizens of advanced Western nations. This applies not only to individuals but also to groups. The conflict wars raging in the political, labor, education, media, and legal sectors are even more severe. How can we create a healthy Korean society? Fortunately, there is an answer.

First of all, we need to transform Korean society from its current zero-sum game structure to a positive-sum game structure. A revolutionary change is needed, one that eliminates the winner-takes-all approach that causes conflict and competition, where the more one side gains, the more the other loses. Instead, we need to create a structure where coexistence and cooperation are the norms. In a game where winners and losers are clearly defined, only extreme binary thinking and black-and-white logic exist. It’s time to change the rules of the game that govern our society. We must now learn the  of negotiation—the win-win strategy—where everyone can live and everyone can win.

Next, we should establish a regular subject in elementary schools called "The Art of Living Wisely" and teach the skills necessary to overcome conflicts so that eventually, like the Jews, children will embody the wisdom of Solomon in their daily lives. The academic discipline that teaches how to resolve conflicts wisely is known as Alternative Dispute Resolution(ADR). After majoring in Alternative Dispute Resolution, which deals with negotiation, mediation, and arbitration in at law school, and working as a small claims court mediator handling cases under $5,000, I wrote a book called "The Art of Negotiation" based on this experience. For two years I taught negotiation studies every Saturday at Kyung Hee University's Techno Management School, not only to help others but also because it's not easy to internalize the rules of negotiation myself, so I need the stimulation and challenge.

There is a saying, "The loudest voice wins." It means that in a debate or dispute, the person who shouts the loudest and insists until the end wins, not the one with the most reasonable or logical argument. It is also said that one must have "gi" (spirit or energy) that can overpower the opponent to win. This all suggests that it's more important to overpower the opponent than to understand each other’s needs or arguments.

Does this apply in every situation? If it’s a fight where both sides are trying to impose their own will, then yes, the loudest voice might win. In fights, there’s always a hierarchy, and there are winners and losers. This is true in sports, as well as in the animal kingdom, where victors and vanquished are a natural result. However, in a world where people live together, there are many situations where it’s better not to clearly distinguish between winners and losers. Even in the midst of a heated argument that seems endless, there is usually a rule of negotiation—a compromise point that can be found. Especially in modern society, we need negotiations where everyone wins, not just a winner-takes-all scenario. Negotiation is about finding a compromise and coordinating the claims of people who are in different situations. 
“What should we have for lunch today?”
 “I’m craving some savory soybean paste stew.” 
“Really? I feel like having meat today.”
 “Well, how about we have soybean paste stew for lunch and then go out for meat together for dinner?” 
Even in our daily lives, we negotiate in ways we might not even realize. Negotiation is something we are already familiar with. From breakfast to heading to work, at school, at work, and at home, negotiations are happening constantly. Haggling over the price of goods in a market is negotiation, and buying and selling a house is also negotiation. Negotiations happen constantly, from interactions with friends and those around us to large-scale dealings between individuals and companies, companies and companies, or even countries. Trade negotiations between nations or global concerns like the Uruguay Round are also forms of negotiation. Negotiation and compromise are not just special skills used to make deals and create cooperative relationships; they are recurring cycles that are deeply embedded in our lives.

Negotiation is a way of getting what you want in life. Many Koreans believe, “If one side gains, the other must lose,” or “Winning is about getting the best deal and giving up the least.” However, true negotiation is not about one-sided gain and loss, but about fair give-and-take.

Additionally, the negotiation process and procedures must be satisfactory to both parties, and they must respect each other throughout the entire negotiation process. There is a verse in the Bible that says, ‘Do not make others do what you do not want to do yourself.’ Likewise, if I don't want to suffer a loss, the other person does the same. There can be no negotiation in which one side benefits unilaterally. Negotiation is something that is carried out based on sufficient mutual trust, with each party's profits and losses being compromised.

Human life is full of conflicts. Conflicts exist between individuals, between individuals and organizations, and between organizations. Once one conflict is resolved, new conflicts and disputes arise, and the process of resolving them is repeated. How well do we know how to solve the inevitable conflicts we face in life? The truth is, we’ve never really been trained to resolve conflicts. So when conflict situations arise, we are often helpless. If we act too reserved, we risk losing even what we have, but if we act without grounds, we risk becoming unscrupulous people. In such a dilemma, negotiation can be a way to preserve both dignity and practicality.

Negotiation skills are not just requirements for those engaged in special occupations. Since our lives are a continuous series of negotiations, these skills are essential for anyone living in a competitive society. Negotiation skills are needed not only when buying and selling goods or real estate but also in relationships between spouses and friends. The skills to make any situation more favorable are necessary for everyone. 

Now let’s look at the negotiations from a national perspective. In Korea, there is no independent national body dedicated to overseeing negotiations, nor are there specialized personnel for this purpose. For instance, when selecting a high-speed rail operator, officials from the Ministry of Land, Infrastructure, and Transport handle the negotiations. Similarly, officials from the Ministry of Oceans and Fisheries manage negotiations for new fisheries agreements, and the Ministry of Culture, Sports, and Tourism oversees negotiations on the return of cultural assets. However, the public officials from each ministry who actually participated in the negotiations do not have time to prepare for the negotiations because they have their own duties, and furthermore, they have not received any training or education on negotiation, so they cannot be said to be the right people. Also, during negotiations, cooperation and support from other departments is needed, but the reality is that it is difficult in many ways due to the selfishness of each department. 

As is the case now, in the future, the international community will see a sharp increase in disputes in the areas of information, economy, and culture rather than visible disputes such as territorial disputes. In that case, negotiation ultimately becomes the key. The negotiation table that deals with issues between countries soon becomes a new battlefield where national interests are at stake. Yet we do not know the importance of negotiation. Even when negotiations fail, they are quick to rationalize things like, ‘We did the best we could’ or ‘We gained something, so it’s natural that we lost something.’ However, from an international perspective, there are clearly winners and losers in negotiations. It's just not visible to the general public. It was a negotiation that could have achieved a 70:30 balance, but if the result was 60:40, it was clearly a failed negotiation. No matter how much more you bring than the other party, if you bring less than the best case scenario, it is a failed negotiation.

Until now, we have not adapted to a culture of compromise and adjustment in negotiations. There have been numerous cases where we could have achieved 70 but only secured 30. Even then, we often sigh in relief at the 30 we obtained. We need to change. With the current passive and complacent attitude, we will never win in the invisible war of negotiations between countries.

So, what should be done? How can we hold more advantageous cards at the negotiation table and secure practical benefits? The most urgent task is to cultivate negotiation experts. Instead of approaching each issue with an ad-hoc method, we need to develop skilled professionals for long-term strategies.

Compared to advanced countries in the U.S. or Europe, our national society overall lacks negotiation experience. There are limits to individual or private sector efforts to train negotiation experts. Therefore, a proposed "National Negotiation Strategy Institute" should be established under the Prime Minister's Office. This institute could create a one-year educational program for lawyers who have graduated from domestic and international law schools, similar to the National Diplomatic Academy of the Ministry of Foreign Affairs or a specialized master's program like the KDI School of Public Policy and Management. The trained negotiators could then be appointed as level 5 civil servants. It is important to note that U.S. Department of State diplomats and elite federal officials are armed with legal minds from law schools. International power dynamics quickly change, and crucial national negotiation issues should be addressed comprehensively with the cooperation of relevant departments. The National Negotiation Strategy Institute should lead negotiations and seek assistance from the Ministry of Economy and Finance, Ministry of Oceans and Fisheries, or Ministry of Culture, Sports, and Tourism as needed, to conduct negotiations efficiently. As international power dynamics evolve rapidly, it is imperative to formulate specific survival strategies. Training national-level negotiation experts is a concrete starting point for such strategies.

☆ Author:  Atty Jeong-kee Kim ☆

● Education
- Bachelor of Arts in Political Science, Summa Cum Laude, State University of New York at Stony Brook
-  Doctor of Jurisprudence, Marquette University Law School
- Senior Executive Program, John F. Kennedy School of Government, Harvard University
- Research Scholar in North Korean Studies, Peking University

● Experience
- Consul General of the Republic of Korea in Shanghai
- Commissioner General for the Korean Pavilion at the 2010 Shanghai Expo
- CEO, Asia-Pacific Local Government Network for Economic and Social Development (CityNet)
- Secretary General, World Smart Sustainable Cities Organization(WeGO)
- Law Clerk, Milwaukee Circuit Court, USA
- Senior Attorney-at-Law, Dr & Aju LLC
- Distinguished Visiting Professor, World Economy Research Institute, Nanjing University
- Research Professor, Institute of Oriental Studies, Peking University
- Distinguished Professor, Graduate School of Political Science, Kookmin University
- Chair Professor, Graduate School of Business, Dongguk University
- First President of Soongsil Cyber University

● Publications
- Georo English Studies Series for College Students [10 volumes] (Georo Publishing)
- I Challenge the Possibility of One Percent (Chosun Ilbo)
- The Art of Negotiation (Cheongnyonneongsin Publishing)
- Korea and the World (Chekmidum Publishing)