재판 외 분쟁해결수단으로서의 공법상 조정

The Mediation in the Public Law as a Means of Alternative Dispute Resolution(ADR)

Many disputes occur from the opposition of relationships of gains and losses in a large public scale of work enforcement these days. Moreover, we are not able to solve disputes like this through only the court of justice. The judgement of the court of justice demands an hour and expenses to order and that can not always be able to solve the dissatisfaction the people concerned completely. Consequently, the system of ADR as a means of troubleshooting without the justice of the court is currently receiving a lot of attention. The types of ADR are mediation, negotiation, conciliation, arbitration, etc. This article will focus on the mediation portion of ADR. The types of mediation in the public law of Korea are dispute intervention council, administrative lawsuit, and administrative procedure. The basis of law for dispute intervention council is not formulated, as well there are many cases that the selected committee are not experts. The case of mediation in administrative lawsuit is also done without legal basis. For that reason it is very urgent to establish the law. The mediation in administrative procedure is also very important, because we can remove or reduce the cause of dispute. before some disputes occur. Consequently, the study and creation of a system for mediation in administrative procedure is very important.