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Legislative Challenges to Revitalization of Civil Mediation - Focusing on German and Japanese Legal Systems and Implications -
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민간조정의 활성화를 위한 입법적 과제 : 독일과 일본의 법제도와 시사점을 중심으로

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Type
Academic journal
Author
Kim Yong Sup (전북대학교  )
Journal
Korean Legal Center The Justice Wn.157 KCI Accredited Journals
Published
2016.12
Pages
218 - 248 (31page)

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Legislative Challenges to Revitalization of Civil Mediation - Focusing on German and Japanese Legal Systems and Implications -
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Noting that dispute resolution through mediation is much more time-saving, inexpensive and satisfactory than dispute resolution through trial, developed countries elevate legal and political responses to revitalization of dispute solution through civil arbitration. In Korea, however, civil mediation, unlike judicial and administrative mediations, is not systemized, and its utilization is very weak except for Korean Commercial Arbitration Board, mediation & arbitration centers of Seoul Bar Association, etc.
This paper studied German and Japanese legal systems to revitalize civil mediation in viewpoint of comparative law, and, in particular, tried to identify legislative challenges to revitalization of civil mediation focusing on the matter of education and training of mediators.
Germany enacted Mediation and Non-trial Dispute Resolution Promotion Act (abbreviated as “Mediation Act“) on July 21, 2012 and enforced it as of the 26th day of the same month. The German Mediation Act is characterized by focusing on education and training of mediator and certified mediator. Japan enacted the Act on Promotion of Use of Non-trial Dispute Resolution Procedures in 2004 and enforced it as of April 1, 2007. The Japanese ADR Act is characterized by overcoming the limits of the attorney-at-law act through certification of private institutions by the Minister of Justice.
In Korea, it is required to legislate the mediator and certified mediator education and training system as provided for in the German Mediation Act in the long run, and enact the civil mediation promotion law as in Japan in medium and short terms, to cope with the current issues.
In addition, it is required to revise the Attorney-at-Law Act to revitalize civil mediation to ensure selection of proper means for clients during dispute resolution, and it is also required to set up the system to prevent attorneys from intentionally avoiding mediation contrary to the interests of clients.

Contents

논문요지
Ⅰ. 머리말
Ⅱ. 조정의 유형과 조정의 방법론
Ⅲ. 독일 조정법과 인증 조정인 제도
Ⅳ. 일본의 민간조정 활성화를 위한 법제도
Ⅴ. 우리나라 민간조정의 활성화 방안
Ⅵ. 맺음말
〈참고문헌〉
〈Abstract〉

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  • 대법원 1995. 2. 14. 선고 93도3453 판결

    가. 구 변호사법(1993.3.10. 법률 제4544호로 개정되기 전의 것) 제78조 제2호의 입법취지와 현행 변호사법이 그 조항을 이어받은 제90조 제2호에서 “감정” 및 “대리”를 “법률사건”에 관한 “법률사무"" 취급의 한 태양으로 조문 내용을 개정하고 있는 점까지 감안하여 보면,

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