공익사업 보상절차에서 중재제도 도입에 관한 연구

A Study on the introduction of arbitration system in acquisition and compensation for public work projects

The acquisition and compensation for public work projects are usually faced with a violent resistance because of the taking behind. This project procedure encourages the property owners to engage a strong claim from the forced expropriation, while the project operator feels no need to make haste to the negotiation. This causes the intense conflicts between two parties, when the other ADR(Alternative Dispute Resolution) is desirably introduced in compensation of public works. Currently the concerned Act has two ADRs ; the Verification of Agreements and Conciliation both by Land Tribunal. The former is sometimes useful from the effect, the same one with adjudication by Tribunal. The latter is merely deemed an agreement with the parties concerned. Both provide no happy solution to each party resulting in resorting to litigation Therefore the new ADR system is necessary for compensation procedure. One of the useful ADR is the Arbitration. The arbitration is actually useful for compensation procedure from the merit of the same effect as the conclusive and irrefutable judgement of the court. The "Arbitration" means a procedure to settle disputes not by the judgment of the court, but by the decision of arbitrator. Japan has already introduced the arbitration by revising Land Expropriation Act in 2001. Korea has the <Arbitration Act> as a general law of arbitration created in 1966. Many disputing fields(medical, environment, press and so on) have already implemented the arbitration with creating the special laws while others(criminal, maritime, sports etc) preparing them. For the public work projects the arbitration system could be introduced by revising the <Act on Acquisition of and Compensation for Land, etc. for Public Works projects>. The disputing party submits the arbitration request to local government with a previous written agreement. Arbitral proceedings shall commence with forming the arbitral tribunal by appointing three from the member of the Tribunal. The arbitral awards will be effective as the final judgement. The Arbitration system in public project compensation will cut down the social loss either material or immaterial, furthermore help the conflicting parties with providing a alternative and effective solution