가사조정제도의 문제점과 개선방안에 대한 연구

A Study on the Improvement Plan for Family Mediation System

As family members are diversified, many disputes arise, and in addition, resolutions appropriate to these are, however, demanded but resolutions to quantitative and qualitative increase of domestic cases confront lots of difficulties. Among proper dispute resolutions to domestic cases, even though the family dispute mediation system, stipulated in Family Litigation Act can be ADR(Alternative Dispute Resolution), the family mediation system is regarded as still having problems due to below parts. First, because the arbitrary disposition of the person concerned is not recognized in the classification of family cases that is an object of the family mediation system, a case that can not be practically mediated is regulated as a family mediation case. Second, compared to the necessity of the family court probation officer system that is prepared under the guardianship of the court in order to understand the actual conditions of family disputes, unreasonable numbers of manpower are taking care of parts of unfair family mediation affairs which becomes an obstacle to activate the family mediation system. Third, the decision system that substitutes mediation is abused. Fourth, the statements of mediation procedures are quoted in litigation procedures. The family mediation system based on the principle that the independent resolution of the parties concerned should be above any others, must newly reclassify the classification system of Article of Family Litigation Act as the cases that become the objects of family mediation from only the family cases that can be mediated arbitrarily in order to recognize the scope of family cases corresponding to family mediation cases as the scope of family mediation that is actually mediated arbitrarily by the parties concerned. Furthermore, the roles and rights of family court probation officers required to confirm a substantial truth are well prepared in our family litigation act, but manpower of family court probation officers should be expanded to make physical and personal fundamental preparation in compliance with the systematic purport of the family litigation act. In addition, in case that family mediation procedures are undertaken to prevent the decision system substituting mediation for swift dispute resolution of the court in the family mediation procedures from being abused, in particular, mediation procedures for contriving to have true dispute resolutions by respecting and listening to the opinions of the parties concerned should be made. Moreover, as for quoting the mediation records of the mediation procedures in the judicial process, systematic safety devices should be prepared for the parties concerned not to be afraid of the quotation of the mediation records in the judicial process but to actively participate in mediation, and from this basis, the family mediation system must be activated. At present, because family disputes stem from human and multilateral conflicts within families and many subjective reasons occur complicatedly, dispute resolutions should be judged not only with rationality but also the family mediation system should play its role in order to help the parties concerned solve their disputes independently from considering various factors, and the cases that family disputes are resolved through the family mediation system will increase. Even in the future, like the case of the Whole Amendment of Family Litigation Act decided by the Supreme Court on Feb. 6, 2015, systematic devices should be continuously inspected through consistent interest in and revision on Family Litigation Act so that the parties concerned independently resolve family disputes and the Family Court can play its sufficient guardianship in a wider meaning.