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Alternative Dispute Resolution Systems in Korea

Title
Alternative Dispute Resolution Systems in Korea
Author(s)
Park, Se-Hun
Publication Year
31-Oct-2016
ISBN
978-89-6684-675-7
Publisher
한국법제연구원
Keyword
South Korea; Alternative Dispute Resolution; Compromise; Intercession; Mediation; Arbitration; Dispute Mediation System; Judicial ADR; Administrative ADR; Private ADR
Type
Research Report
Series/no
법제교류 연구, 16-18-⑫
Language
eng
Extent
131 p.
URI
http://www.klri.re.kr:9090/handle/2017.oak/4674
Abstract
Ⅰ. Background and Purpose
□ Development of society and complexity of disputes
○ As the society develops, disputes have been continuously arising.
○ It is necessary to resolve disputes that have already arisen in a speedy and efficient manner at a low cost.
○ The resolution of disputes is essential to the development and unity of the society.
□ Complex disputes
○ Complex disputes that involve people at large, such as environmental disputes and disputes over product liability.
○ It is impracticable to resolve disputes only within the framework of the existing judicial system.
□ Rapidly advanced democracy
○ The issue of conflicts arose in the late 1980s when democracy was rapidly advanced.
○ Conflicts have arisen in various sectors, including ideology, environment, labor relations, classes, and regions.
○ Conflicts have imposed an enormous burden of social and economic coast


Ⅱ. Main Contents
□ ADR in Korea
○ Parties to a conflict can actively participate in the proceedings of resolving the conflict, compared with litigation.
○ Parties to a conflict can take part in the whole process of resolving the conflict.
○ It is quicker and cheaper than litigation and appropriate for draw various conclusions to satisfy the interest of the parties involved.
□ Typical administrative ADR under the dispute mediation system in Korea
○ The system can be classified into judicial ADR, administrative ADR, and private ADR according to the responsible organization or institution.
○ Most of administrative ADR schemes in Korea are based on a respective law.
○ In general, mediators are appointed or commissioned by the head of the competent administrative agency, mainly from among persons who have knowledge and experience in the relevant sector from legal circles, academia, the group of public officials, etc.
○ Even in administrative ADR schemes, mediation, intercession, and adjudication are included, but mediation has been used most frequently.
○ This paper aims to help people access details of the dispute resolution system in Korea in a easier way by looking into exemplary cases of ADR schemes.


Ⅲ. Expected results
□ This paper in which dispute mediation schemes in Korea are categorized in a taxonomic way can be utilized as a material that increases the understanding of the dispute resolution system in Korea.
Table Of Contents
CHAPTER Ⅰ Introduction 9


CHAPTER Ⅱ Definition and Types of ADR 11
Ⅰ. Relationship between Judicial System and ADR 11
Ⅱ. Definition of ADR 13
Ⅲ. Types of ADR 14


CHAPTER Ⅲ Alternative Dispute Resolution Systems in Korea 21
Ⅰ. Alternative Dispute Resolution Systems in Korea 21
Ⅱ. Types of Dispute Mediation System in Korea 23


CHAPTER Ⅳ Current Statute and Exemplary Cases of Dispute Resolution Systems in Korea 33
Ⅰ. Judicial ADR 33
Ⅱ. Administrative ADR 47
Ⅲ. Private ADR 115


CHAPTER Ⅴ CONCLUSION 129


References 131
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