행정형 ADR의 발전과 활성화를 위한 방안: 환경분쟁조정제도를 중심으로 = A Study on Development and Activation of Administrative-type ADR: focusing on Environmental Dispute Resolution

다국어 초록 (Multilingual Abstract)

As a complex social phenomenon, various conflicts are increased; the burden of trial is weighted. As a result we are facing a challenge to constitutional worth based on speedy and fair trial. In particular, there is a need for conflict resolution methods for the socially disadvantaged; workers and consumers, small business, etc, we attention a new right that attention ‘Administrative-type ADR’. Environmental Dispute Resolution called a good model in Administrative-type ADR not only remedies the individual``s rights, but also functions as a mechanism for social conflict resolution considering of public interest aspects of environmental damage. However, conflict of jurisdiction, bias of subject, lack of lawyer and the like are pointed out as a problem. These problems also apply to the entire Administrative-type ADR. So I propose the following methods; ① Concentration of jurisdiction and Integration of non-permanent organization, ② Utilization of Authority-Resolution, ③ Increasing member of committee and legal staff, ④ Introduction of commissioned-analysis. As a result, we infer improvement of the Administrative-type ADR are as follows; ① Specialization and Collectivization, ② Installation of Independence agency for Administrative-type ADR, ③ Participation of a number of lawyers. It is necessary to participate in adequate number of lawyers for securing of legitimacy and parties`` expectation about fair and speedy result. Now, it is a golden time to develop and broaden Administrative-type ADR considering that there are 1,500 talented lawyers from law school each year and a majority of Quasi-Judicial Agency lately employ these lawyers as a legal staff.