법원의 ADR

초록

The alternative Dispute Resolution(abbreviated ADR) is positively discussed no other than in the court of Korea. Korean Judicature has been utilizing settlement system not only in family proceedings, but also in general civil procedures, and it has been working out. Actually, the appearance of ADR is the result of all the efforts that people made in order to avoid time and cost spent using court. With that view, it seems odd that judicature is leading the ADR. Furthermore, these leading movement in judicature seems to threat the existing legal system. ADR is considered to be eventually profitable in that it can solve conflicts more smoothly better than legal proceedings. And the judicature is the most positive in implementing ADR. How do we have to take this reality? Maybe that is because the judicature doesnt need to write decisions, and doesn’t need to take appeals from the partners. In short, they have to confess that they do it in order to reduce their workload. This can lead to people to overall distrust in Judicature. Judiciary system has to accomplish its natural task, which is to settle litigants’ problems through its legal procedures, and has to devise ways to embody its task. If there is short of legal infra, the judiciary has to seek to obtain more staff and budget on the basis of people’s agreement. It is not right to avoid their own work and cast their burden on other institution. In principle, there exists ADR, and the court has a deep relation to it. However, the judicature should be focused on the trials and hearings, and try to set up reliable standards on various legal cases.

키워드